V.K.SHUKLA,J. - (1.) In all the abovemetioned writ petitions in question, as common question of law has been engaging the attention of this Court, the Writ Petitions in question are being decided collectively and Writ Petition No.61449 of 2009 is being treated to be leading writ petition.
(2.) By means of Writ Petition No.616449 of 2009, Smt. Madhuri Srivastava w/o Late Dr. R.N. Srivastava is before this Court for following reliefs: (i) Issue a writ, order or direction in the nature of certiorari quashing the part of decision of the Board of Directors of Noida dated 07.01.1998 (Annexure -4) and approval of State Government dated 02.03.2009 (Annexure -6) by which the persons whose land was acquired and who were 'Gair Pushtaini' have been denied the additional compensation of Rs.310/ - per sq. yard, 15% (Rs.57/ - per sq. yard) rehabilitation bonus, on the compensation amount and 10% area of acquired land of the petitioner may be given to her. (ii) Issue any other writ, order or direction in the nature as the Hon'ble Court may deem fit and proper under the circumstances of this case. (iii) Award the cost of the petition to the petitioner.
(3.) Brief background of the case as is emanating, in the present case, is that under U.P. Industrial Area Development Act, 1976, NOIDA Authority was constituted under Section 3 by the State Government by means of notification issued in the said direction. After constitution of the aforementioned NOIDA Authority, various projects were being undertaken by the NOIDA Authority from time to time and this much is reflected from the record that petitioner on 10th September, 1998 purchased plot no.875 Mijmul Area 2 Acre by way of sale deed. Mutation proceedings were also undertaken and in January, 1999 Khatauni was issued by the Revenue Authorities in the name of petitioner. Subsequent to the same, proceedings under Section 4 of the Land Acquisition Act has been undertaken after dispensing Section 5 -A of the Land Acquisition Act vide a notification dated 12th April, 2005 and in the said Notification in question, land of petitioner i.e. Plot No.875 Mijmul Area 2 Acre was also mentioned. Subsequent thereto, notification under Section 6 of the Land Acquisition Act was issued on 27th July, 2006 and possession of the said land has been taken by the State Government on 16.10.2006.;