- (1.) THIS writ petition has arisen from an order dated 13.08.2008 passed by Second Additional District and Sessions Judge, Gautambudh Nagar in Misc. Case No. 01 of 2008 rejecting miscellaneous application.
(2.) THE proceedings have arisen from an order dated 09.01.2008 passed by Prescribed Authority under Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 1972 (hereinafter referred to as the "Act, 1972") read with Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Rules, 1973 (hereinafter referred to as the "Rules, 1973"). The dispute relates to Khasra No. 517, measuring 1 Bigha and 12 Biswas (Pacca) of the land situate at Village Chaura Sadatpur, Tehsil Dadri, District Gautambudh Nagar. The petitioners claim that aforesaid land is the ancestral holding of themselves as well as the respondents -second set. Khasra No. 517 was recorded in the name of Sri Kishan Sahai on the date of vesting and remained so upto 1381 Fasli (year 1975) and there existed residential abadi of Kishan Sahai and his successors. A notification under Section 4(1) of Land Acquisition Act, 1894 (hereinafter referred to as the "Act, 1984") was issued on 04.03.1977 for acquisition of aforesaid land as well as other adjoining land. Notification under Section 6 also followed after Section 4 notification. The possession of land was taken by State Government on 09.04.1979 and handed over to respondent no. 1, M/s New Okhla Industrial Development Authority (hereinafter referred to as the "NOIDA"). With respect to possession, however, the case set up by petitioners is that possession continued with petitioners' ancestors and thereafter to petitioners. Their claim is that physical possession was never taken either by State Government or NOIDA. The petitioners and their family members have continued to reside at disputed land throughout.
(3.) IN 1994 the NOIDA officials attempted to forcibly evict petitioners and their family members from abadi located over land in dispute, which compelled petitioners to institute Original Suit No. 544 of 1994 in the Court of Civil Judge, Ghaziabad seeking a permanent injunction against NOIDA and also for restraining them from demolishing their abadi. An ex parte injunction was granted on 10.05.1994 restraining NOIDA from interfering with petitioners' possession over disputed land and also from demolishing the existing construction. The NOIDA authority, on the contrary, instituted proceedings before Prescribed Authority under Sections 4 and 7 of Act, 1972 vide their application dated 19.09.1991 registered as Case No. 43/91 before Prescribed Authority. Petitioners contested the application. The Prescribed Authority thereafter dismissed NOIDA's application vide order dated 03.02.1996 (Annexure -5 to the writ petition). Aggrieved thereagainst NOIDA preferred Appeal No. 115 of 1996 before District Judge, Ghaziabad.;