- (1.) Heard Sri O.P. Singh, learned Senior Advocate for the petitioner, Sri B. Dayal, for the Meerut Development Authority, Sri Akhileshwar Singh, for the respondent No.8, U.P.S.I.D.C., Meerut and learned Standing Counsel for State of U.P., Lucknow.
(2.) Parties have exchanged their affidavits, with the consent of learned counsels for the parties, the writ petition is finally decided at the admission stage itself. The petitioner has filed the present writ petition with following prayers:- "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 16.12.2009 passed by the respondent no.1(Annexure No. XIV to the writ petition). (ii)Issue a writ, order or direction in the nature of mandamus directing the respondent No.1 to exempt the petitioners land from exemption under Land Acquisition Act. (iii)Issue a writ, order or direction in the nature of mandamus alternatively directing the respondents No. 1 to 7 to get the evaluation of the land and the existing factory/Building carried out as per prevailing market rate fix the amount of compensation on the basis of valuation amount and pay alongwith interest @ 18% P.A. (iv)To grant any other relief as this Hon'ble Court may deem proper and justified. (v)Award cost of the writ petition in favour of the petitioner.
(3.) In the present matter the petitioner has prayed that plot No. 49 (area 0.172 hectare), situated in Village Achhraura, Tehsil and District Meerut, be exempted from acquisition and challenged the impugned order dated 16.12.2009 passed by the respondent no.1, rejecting the prayer of the petitioner regarding the exemption of the land under section 48 of the Land Acquisition Act, 1894 (herein after referred as an "Act"). In the present matter notification under section 4 of the Act had been gazetted on 14.08.1987 and section 6 of the Act had been notified on 04.09.1987 and the award was made on 22.02.1990. The present disputed plot i.e. plot No. 49 was also part of the acquisition proceeding.;