- (1.) This petition seeks the quashing of the order dated 21 January 2015 passed by the Principal Secretary in the Industrial Development Department of the State Government by which the claim of the petitioner under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('The 2013 Act') which came into force on 1 January 2014 has been rejected.
(2.) The petitioner claims to be having half share in Plot Nos.639, 640 and 653 situated in village Dashara Kherali, Pargana Khurja, in district Bulandshahr. A notification under Section 4(1) read with Section 17(4) of the Land Acquisition Act, 1894 ('The Act') was issued for acquisition of a large tract of land measuring 118.816 hectares. This notification was published in the gazette on 13 February 1991. This was followed by a declaration made under Section 6 of the Act on 23 March 1991. The award under Section 11 of the Act was made on 20 October 1993. The possession of the plots is said to have been taken on 8 October 1993 and given to the U.P. State Industrial Development Corporation, Ghaziabad by the Special Land Acquisition Officer on the same date. The compensation under the award was also paid to the petitioner. The petitioner filed an application for enhancement of the compensation and the enhanced compensation was also paid to the petitioner.
(3.) However, the petitioner filed Writ Petition No.31157 of 2014 claiming the benefit of Section 24(2) of the 2013 Act by asserting that he was still in physical possession of the land. This petition was disposed of on 30 May 2014 with a direction to the State Government to pass a reasoned and speaking order on the application dated 15 January 2014 filed by the petitioner within a period of three months. The application filed by the petitioner has been rejected by the order dated 21 January 2015. It is this order that has been assailed in this petition.;