- (1.) Petitioner in this writ petition has assailed notifications dated 16th October, 2004 published under Section 4(1) of Land Acquisition Act, 1894 (hereinafter referred to as 'Act, 1894') and dated 28th November, 2005 published under Section 6 (1) of Act, 1894, proposing to acquire 387-0-5 bighas (229.3828 acres) of land, comprising a large number of khasras in Village-Mohiuddinpur Kanawani, Pargana Loni, District Ghaziabad for the purpose of "Planned Development", (for construction of residential colonies) at the instance of Ghaziabad Development Authority (hereinafter referred to as 'GDA'), in public interest. State Government also exercised powers under Section 17(1) and (4) and dispensed with inquiry contemplated under Section 5A of 'Act, 1894'.
(2.) The disputed land in respect to present writ petition mentioned in paragraph no.1, are: (1) Khasra no.484M area 0-8-1 bigha, (2) Khasra no. 483M area 2-10-10 bigha, (3) Khasra no.227/1 area 1-16-0 bigha, (4) Khasra no.227/1 area 3-7-0 bigha, (5) Khasra no.207/1 area 3-7-0 bigha, (6) Khasra no.226/5 Min area 10-12-10 bigha, (7) Khasra no.207/1 area 1-1-0 bigha, (8) Khasra no.227/1 area 1-1-0 bigha, (9) Khasra no.206/2 area 3-0-0 bigha, (10) Khasra no.207/2 area 16-3-0 bigha.
(3.) The contention is that petitioner-1 is a Co-operative Housing Society having about 200 members. Petitioner-1 purchased 1/2 share in plot no. 484M area 16 biswa pukhta vide registered sale deed dated 8th May, 2000. Petitioners- 2 to 7 entered into agreements for sale, dated 26th October, 1999 and 29th October, 1999 and petitioner-8 entered into two agreements for sale with petitioner 1 on 3.12.1999 and 5.12.1999 to purchase the said plot. However, it is evident from record that no sale deed has been executed in favour of petitioners 2 to 8 and that being so except of plot no. 484M, which was purchased by petitioner 1 vide sale deed dated 8th May, 2000 (1/2 share), in respect to remaining land in dispute, there is no ownership over such land of petitioners 1 and 8.;