- (1.) Heard Sri Keshari Nath Tripathi, learned Senior Advocate assisted by Sri J.P. Pandey, Advocate, on behalf of the petitioner-Kendriya Karmchari Sahkari Awas Samiti Ltd., Sri Ashwani Kumar Mishra, learned Senior Advocate assisted by Sri Ramendra Pratap Singh, Advocate on behalf of New Okhala Industrial Development Authority and learned Standing Counsel on behalf of State-respondent. Writ Petition No. 58555 of 2005, Writ Petition No. 58702 of 2005 and Writ Petition No. 61630 of 2005 had been connected, under the earlier order of this Court, with First Appeal No. 790 of 2008 filed by the New Okhala Industrial Development Authority (hereinafter referred to as the "NOIDA") against the order of the Civil Judge (Senior Division), Gautam Budh Nagar made in Original Suit No. 273 of 2006 dated 10th September, 2008.
(2.) The basic issue involved in these matters is with regard to the interpretation of Sections 154, 163, 166 and 167 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the "Act, 1950"), as amended from time to time. On the interpretation to the aforesaid provisions is dependent the finding on the crux of the matter i.e. as to what total area of land of the Kendriya Karmchari Sahkari Grih Nirman Samiti Ltd. had been acquired vide notifications issued in exercise of powers of Sections 4 and 6 of the Land Acquisition Act, so that 40% of the same may be calculated and be allotted to members of the petitioner society after development by NOIDA as per its policy decision.
(3.) Orders impugned in the writ petitions are the orders passed by the Collector in exercise of powers under Section 154 read with Sections 166 and 167 of the Act, 1950 and the orders of the Board of Revenue dismissing the revisions filed by the society. In the said orders, it has been held that because under various sale-deeds, the petitioner society has acquired more than 12.50 acres of land, these sale-transactions were void in view of Section 154 of Act, 1950 and as a consequence thereto the land has vested in the State Government under Section 167 of Act, 1950. Because of said vesting of the land in the State Government, the total area of the land acquired, as claimed by the society to be its own, stands reduced.;