- (1.) This petition seeks quashing of the notification dated 30 November 2009 issued under Section 4 (1) of the Land Acquisition Act 1894 (the Act), and also the declaration dated 1 April 2010 made under section 6 of the Act. The petitioners have also sought the quashing of the order dated 1 September 2015 by which the representation filed by the petitioners for the "lease back" of land has been rejected. The representation was filed by the petitioners under the provisions of the Yamuna Expressway Industrial Development Authority Rural Abadi Sites (Management and Regularization) Regulations, 2011 (the Regulations).
(2.) A preliminary objection has been raised by learned Standing Counsel appearing for the State and Sri Suresh Singh learned counsel appearing for Yamuna Expressway Industrial Development Authority, Greator NOIDA (the Authority), that this petition for quashing the acquisition proceedings is highly belated. They submit that a finding of fact has been recorded in the impugned order that there was no abadi on the plot in dispute when the notification was issued under Section 4 (1) of the Act and the declaration was made under Section 6 of the Act and so the petitioners cannot take the benefit of the Regulations.
(3.) We have considered the submissions advanced by the learned counsel for the parties.;