- (1.) THE plaintiffs filed a suit for perpetual injunction praying that the defendants be restrained from interfering in their possession over 9 biswas of land on plot No. 401 situate in village Atta, Tehsil Dadri, now in Noida, district Gautam Budh Nagar.
(2.) THE plaintiffs alleged that the total area of plot No. 401 was 4 bighas 19 biswas, out of which, 4 bighas and 10 biswas was acquired and that 9 biswas was left out from the acquisition proceeding initiated under the Land Acquisition Act. The plaintiffs contended that the remaining 9 biswas which was left out from acquisition, was an abadi land, which was being used by the plaintiffs and their forefathers for keeping cattle, etc. for the last 60-70 years. The plaintiffs alleged that they were the owners and in possession of the land in question which was never acquired nor possession was taken nor could it be legally acquired at this stage. The plaintiffs further alleged that the defendants illegally came to the appellants' land on 29. 8. 1985 and tried to forcibly evict them from the land in question which consequently led to the filing of the present suit.
(3.) THE defendants are the Noida Authority, in whose favour the land was acquired and possession given to them by the State Government. The defendants filed their written statement denying the claim of the plaintiffs and submitted that they are neither the owners of the land in question nor are in possession. The defendants contended that by two notifications dated 1. 5. 1976 and 12. 1. 1977 issued under section 6 of the Land Acquisition Act, the State Government declared its intention to acquire 4 bighas, 18 biswas and 10 biswansi of land from plot No. 401. The defendants further submitted that possession was taken by the State Government on 4 bighas 18 biswas and 10 biswansi of land on 21. 7. 1976 and 28. 3. 1977, and therefore, it was handed over to the defendants, and that, since then, the defendants are in possession of the land in question. The defendants further contended that the remaining land, namely, 10 biswansi was acquired by the PWD for the purpose of constructing a road. The defendants submitted that necessary parties were not impleaded and that the plaintiffs are rank trespassers, having encroached the land recently for the purpose of filing the present suit.;