ASHOK BHUSHAN, J. - (1.) THIS is second round of litigation relating to land acquisition proceedings initiated in the year 1981 for construction of Police Line at village Harsaon, district Ghaziabad. The first round of litigation commenced by filing Writ Petition No.6900 of 1981 by predecessor in interest of the petitioners in this Court challenging the notification issued under Section 4 of the Land Acquisition Act, 1984 (hereinafter referred to as the Act) dated 26th February, 1981 and declaration under Section 6 of the Act dated 26th March, 1981. The said writ petition was disposed of by judgment and order dated 12th January, 2007 directing the State Government to consider the prayer of the petitioners for release of the land. The State Government by order dated 10th December, 2010 rejected the claim of the petitioners to release the land under Section 48 of the Act. These two writ petitions have been filed challenging the order of the State Government dated 10th December, 2010. Apart from challenging the order dated 10th December, 2010 passed by the State Government refusing to release the land, the petitioners have also made a prayer for quashing the Section 4 notification and declaration under Section 6 of the Act. For deciding the issues raised in these writ petitions, it is necessary to recapitulate the relevant facts in chronological order.
(2.) THE facts are; the State of U.P. created a new district, namely, Ghaziabad on 1st November, 1976. For establishing a Police Line, apart from lease of 23.77 acres of land by Ghaziabad Development Authority, the State Government issued a notification under Section 4 of the the Act for acquisition of 41 bighas and 5 biswas land which also included Plot No.800, area 13 bigha and 4 biswas and Plot No.801, area 3 bighas and 11 biswas belonging to the petitioners. Section 4 notification referred to the land as 'arable'. Section 17(4) of the Act was also invoked. The declaration under Section 6 of the Act was issued on 26th March, 1981. On 14th April, 1981 notice under Section 9 of the Act was issued. The objection dated 27th April, 1981 was filed by Nand Kishore, the predecessor in interest of the petitioners. The objections were heard on 29th April, 1981. On 5th May, 1981 the respondents claim to have taken possession of the land in question. Writ Petition No.6900 of 1981 was filed praying for quashing both the notifications. On 12th May, 1981, the Division Bench passed following interim order: - "In the meantime, the respondents are restrained from changing the nature of the land, building or cutting trees standing thereon." The writ petition was dismissed for default on 8th July, 1992. The Special Land Acquisition Officer passed an award on 13th March, 1985. The compensation was not received by the predecessor in interest of the petitioners and was deposited in the court. Representations were filed by the petitioners before the Chief Minister as well as the Governor of the State praying for de -notifying the land as per the provisions of Section 17 of the U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as the 1973 Act). On the representation of the petitioners Hon'ble the Governor directed the Principal Secretary (Home) for taking necessary action in the matter. Writ Petition No.6900 of 1981 was restored on 30th April, 2003. In September, 2006, the petitioners again sent a representation to the Chief Minister for release of the land. The Division Bench of this Court heard the Writ Petition No.6900 of 1981 and taking note of the subsequent events disposed of the writ petition by order dated 12th January, 2007 permitting the petitioners to file a comprehensive representation before the Principal Secretary, Nagar Vikas and direction was issued to the competent authority to decide the same within two months in accordance with the relevant rules, Government orders, scheme/ policy after hearing the parties concerned. The Division Bench noted in the order that two issues need to be investigated (i) whether the process for acquiring the land is under the provisions of the master plan in force and (ii) whether the land of the petitioners can be exempted from acquisition notifications under the Act. The Division Bench while disposing of the writ petition further provided that interim order passed earlier shall continue and remain operative till the representation of the petitioners is decided and both the parties were directed not to change the nature of the land or create any third party right. In the said writ petition review as well as recall applications were filed by several applicants as well as petitioners praying for review of the judgment dated 12th January, 2007. By order dated 20th April, 2010, the review and the recall applications were disposed of with a direction to the State Government to take a final decision in the matter within a period of two months.
(3.) AFTER the order dated 12th January, 2007 of the Division Bench, the petitioners filed a comprehensive representation dated 19th February, 2007 addressed to the Principal Secretary, Nagar Vikas, Government of U.P. On the representation submitted by the petitioners the Senior Superintendent of Police, Ghaziabad submitted his comments dated 22nd April, 2007 praying for rejection of the representation. The comments were also given by the Special Secretary (Home) dated 20th April, 2007. It was stated in the comments that petitioners' prayer for release of the land cannot be accepted. The petitioners submitted reply on 27th April, 2007 to the comments of the respondent No.1. Reply to the comments of Senior Superintendent of Police, Ghazaibad was also submitted by the petitioners on 30th April, 2007. The Principal Secretary, Nagar Vikas heard the parties on several dates, last being on 27th April, 2007. The department of Nagar Vikas referred the matter to the Housing and Urban Planning Department on 30th May, 2007 and 20th June, 2007 for deciding the representation. The Department of Housing and Urban Planning returned the matter with the note that notification under Sections 4 and 6 of the Act were issued by the Home (Police), Anubhag -VII and the land having been acquired by the Home Department, the representation of the petitioners need to be decided by the Home Department. An order dated 16th July, 2010 was passed by the Nagar Vikas Vibhag holding that Nagar Vikas Vibhag is not the competent authority and the land acquisition proceedings having been done by the Department of Home, the Department of Home is the authority competent to decide the representation of the petitioners. The petitioners filed a writ petition being Writ Petition No.52344 of 2010 on 26th August, 2010 praying for quashing the order dated 16th July, 2010 apart from other reliefs. This Court passed an order on 28th August, 2010 observing that it shall be open for the competent authority to decide the representations of the petitioners within four weeks from the date a certified copy of the order is produced. After the order dated 28th August, 2010 of this Court, the Principal Secretary (Home) decided the representations by order dated 10th December, 2010. These two writ petitions have been filed challenging the order dated 10th December, 2010.;