- (1.) Heard Sri Piyush Sharma, counsel for the petitioners and learned counsel for the Noida.
(2.) This writ petition has been filed with the following reliefs :- (i) issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 23.2.2004 passed by the respondent no. 3. The Chairman/Chief Executive Officer, New Okhla Industrial Development Authority, Gautam Budh Nagar (Annexure-11 to the writ petition); (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to register the exchange deed in respect of survey plot no. 248 area 1-0-0 situate in village Nithari, Sector-31 Noida, Tehsil and District Gautam Budh Nagar; (iii)issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the peaceful possession of the petitioner over the plot no. 248 area 1-0-0 situate in village Nithari/Sithari and further not to demolish the construction raised by the petitioner thereon.''
(3.) The facts, as borne out from the records of the writ petition, are as follows:- State of U.P. vide notification dated 1.6.1976 issued in exercise of powers under Section-4 of Land Acquisition Act, 1894 (hereinafter referred to as the old Act) acquired plot no. 248 in village Nithari/Sithari, Gautam Budh Nagar. According to the petitioners out of the plot no. 248, an area of one bigha of land was not acquired. It is further his case that the land which was part of said plot was handed over to the Development Authority for development purposes on the assurance that in lieu of one bigha of land of plot no. 248 which was not subject matter of acquisition, he would be provided plot nos. 29 and 31 in Sector-38 Noida. In term of the offer so made to the petitioner, a deed of exchange was also prepared on 20.11.1981, which was submitted on 20.11.1981 with the Development Authority but for the reasons best known to the Authority, exchange deed was not executed. It is then stated that on 31.12.1989 a tripartite agreement was executed between Jai Ram, New Okhla Industrial Development Authority and one Radha Krishna Trust. Under the terms of tripartite agreement, possession of property of plot nos. 29 and 31 was delivered to the petitioner.;