- (1.) Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 to 3 and Shri Ramendra Pratap Singh appearing for respondent no. 4. By means of this petition, petitioner has prayed for following reliefs: "1. issue a writ, order or direction in the nature of certiorari quashing the impugned Notification No. 181/ Bhau-18-11-74 Bha. 93 Lucknow, dated 05.05.1993, under section 4 of Land Acquisition Act and impugned Notification No. 2747 Bhau/18-11-74 Bha. 93, dated 25.05.1993, under section 6 of the Land Acquisition Act 1894, in respect of petitioner's land comprising of the Plot No. 114, area 0-1-5, Plot No. 166, area 1-8-0, Plot No. 167 area 1-8-0, plot No. 168 area 1-1-0, Plot No. 169 area 0-13-0 mentioned in the extract of khatauni of revenue village Brahmpur Gajraula, Pargana and Tehsil Dadari District Gautam Budh Nagar (Annexure no. 1 and 2 to the writ petition). 2. issue a writ, order or direction in the nature of mandamus directing the respondents concerned to give additional compensation at the rate of 64% and or avail of allotment of developed abadi land to the extend of 10% subject to a maximum in the light of directions issued by this Hon'ble Court in the case of Gajraj Singh and others Versus State of U.P. and others, 2011 11 ADJ 1till the disposal of the present writ petition, so that justice may be done. 3. issue any suitable order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case., so that justice may be done. 4. award the cost of the writ petition."
(2.) Shri Ramendra Pratap Singh, learned counsel for the respondents has raised a preliminary objection regarding the maintainability of the writ petition. He submits that the writ petition has been filed after more than 22 years from the date of declaration issued under Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) and it is highly bared by laches. He submits that even the Full Bench judgment in Gajraj Singh & Ors Vs. State of U.P. & Ors, 2011 11 ADJ 1, was delivered on 21/10/2011, and more than 3 years have elapsed from the judgment of the Full Bench in Gajraj's case , which decided the bunch of writ petitions including the writ petition relating to Village Habibpur. In the entire writ petition, the petitioners, in any paragraph, have not given any explanation for delay and laches in approaching this Court.
(3.) However, placing reliance on the Full Bench judgment of this Court in the case of Gajraj , it has been urged by learned counsel for the petitioner that relief prayed is liable to be granted in view of the said judgment.;