- (1.) Though the petitioner has challenged the notification dated 27 December 2007 issued under Section 4(1) of the Land Acquisition Act, 1894 ('the Act') as also declaration dated 14 February 2008 made under Section 6 of the Act but at the time of hearing of the petition, learned counsel for the petitioner contended that the petitioner would be satisfied if a direction is issued to the respondents to pay additional compensation at the rate of 64.7% in accordance with the decision of the Full Bench of this Court in Gajraj Vs. State of U.P. & Ors., 2011 11 ADJ 1 and also provided 10% of the developed land. It has also been contended by learned counsel for the petitioner that compensation for about 0.235 hectares of land has not been paid.
(2.) The contention of learned counsel for the petitioner is that the principle of law laid down in Gajraj that the land owners would be entitled to additional compensation of 64.7% and 10% of the land would apply to the present acquisition even though these acquisitions were not in issue before the Full Bench in Gajraj.
(3.) About 128.862 hectares of land situated in Village-Shahpur Govardhanpur Khadar, District Gautam Budh Nagar, were acquired for planned industrial development by Noida. The notification under Section 4(1) of the Act is dated 27 December 2007. The declaration under section 6 of the Act was made on 14 February 2008. It is stated that the petitioner received compensation for area measuring 1.028 hectares out of the area measuring 1.263 hectares that had been acquired. This petition has been filed for a direction upon the respondents to pay additional 64.70% compensation to the petitioner, also provide 10% developed land in view of the decision of a Full Bench of this Court in Gajraj and pay compensation for the balance area measuring 0.235 hectares.;