- (1.) The petitioner has filed the present writ petition praying for the following reliefs :- (i) to issue, writ order or direction in the nature of mandamus directing and commanding the respondents to pay additional compensation and to allot the land as is being done for the villagers of village Kasana, Tehsil Secundarabad, District Gautambudh Nagar whose land was acquired through notification dated 28.11.2002 issued under Section 4 of the Land Acquisition Act. (ii) to issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to give all the benefits of Rehabilitation and Resettlement Policy, 2010 (As amended) of the Government and to give benefits of the letter dated 2.6.2011 (Annexure no.9) to the petition. (iii) And/or to issue a writ, order or direction in the nature of mandamus directing and commanding the respondent No.3 to decide the representation of the petitioner dated 21.3.2015 (Annexure 7) within the time fixed by this Hon'ble Court. (iv) to issue any other suitable writ, order or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the case. (v) to award cost of the petition to the petitioner."
(2.) The facts leading to the filing of the present writ petition is that the petitioners land situate at village Kasna, Tehsil Sekandarabad, District Bulandshahr, now District Gautam Budh Nagar, was acquired by UPSIDC for industrial development upon issuance of a notification under Section 4 of the Land Acquisition Act on 14.7.1987. Subsequently, a notification under Section 6 of the Act was published on 26.9.1987. The possession of the land was taken by the authorities on 20.1.1988 and an award was made by the Special Land Acquisition Officer on 26.9.1989. The petitioner filed a reference under Section 18 questioning the award. The Additional District Judge decided the same by an award dated 12.12.2003 enhancing the compensation. UPSIDC, being aggrieved, filed a First Appeal before the High Court, which was dismissed by judgment dated 30.3.2006. The said order has become final as no further appeal was filed before the Supreme Court.
(3.) The petitioner contends that the State of Uttar Pradesh framed the U.P. Land Acquisition (Determination of Compensation and Determination of Award by Agreement) Rules, 1997 (hereinafter referred to as the "Rules of 1997") and that the State Government has also issued the Rehabilitation And Resettlement Policy, 2010 and that, on the basis of the aforesaid Rules of 1997 read with the judgment of the Full Bench in Gajraj and others vs. State of U.P. and others, 2011 11 ADJ 1), the petitioner is entitled for the additional compensation. In this regard, the petitioner has made a representation to the authority which is pending consideration. Consequently, the present writ petition was filed.;