- (1.) The petitioners, by means of this writ petition under Article 226 of the Constitution of India have challenged the Notifications issued by the respondents under the provisions of Section 4 read with Section 17 (1) of Land Acquisition Act (hereinafter referred to as the Act). This notification under Section 4 of the Act was followed by another notification under Section 6 read with Section 17 (4) of the Act.
(2.) The petitioners have filed this writ petition with the following prayers, which was amended during the pendency of the writ petition:- "(a) issue a writ, order or direction in the nature of certiorari quashing the impugned Notifications dated 18th December 2001 (Annexure-6) and the notification under Section 6 of the Act dated 31st January 2002 (Annexure-7) issued by the Industrial Development Section-4 of the State Government. (b) issue a writ, order or direction in the nature of mandamus restraining the respondents from dispossessing the petitioners from plot nos.553, 554 and 55 situate in village Surajpur, Tehsil Sadar, District Gautambudh Nagar. (c) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (d) award cost of the petition."
(3.) The facts as emerge out of pleadings between the parties are that the petitioners are co-owners of the agricultural Khasra Plot Nos.553, 554 and 555 situated in the village Surajpur, Tehsil Sadar, District Glautambudh Nagar. The relevant Khasra extracts for the Fasli year 1406 is annexed as Annexure-1 to the writ petition. The total area of the aforesaid three plots, according to the petitioners, comes to 101280 square yards. This the petitioners have purchased for industrial development but on account of global recession the petitioners postponed their programme for industrialisation. The petitioners are owners of 16 running industrial units throughout the length and width of the country and out of these 16 units, 12 are situated in National capital region wherein the petitioners are carrying on their industrial activities. The petitioners thereupon commented upon the activity of respondent no.3, Greater NOIDA authority. The petitioners have purchased in the year 1997 an area of 11400 square yards of land from the Greater NOIDA authority (which shall hereinafter be referred to as 'the authority') plot no. 206-A, Block B, Phase II wherein the petitioners have established their industrial unit and are running the same for more than 20 years when the petitioners filed writ petition in the year 2002.;