DILIP GUPTA,J. - (1.) The petitioners claim to be co-owners with transferable rights of Khasra No. 48 ad-measuring 7-14-10 bighas and Khasra No. 49 ad-measuring 6-15-1 bighas of land situated in village Sakipur, Pargana Dadri, Tehsil Sadar, District Gautam Budh Nagar. The aforesaid land was included in the notification dated 31 December 2004 issued under section 4(1) of the Land Acquisition Act, 18941 for acquisition of 504-7-19-0 big has of land as also the declaration made under section 6 of the 1894 Act in regard to the 498-2-1-0 big has of land. Possession of 461-2-10-10 big has of land, including that of the land of the petitioners, was taken between 30 December 2005 and 28 January 2011. In fact, possession of the land belonging to the petitioners was taken on 30 December 2005 and the compensation was paid to the petitioners on 29 January 2007 on the basis of an agreement entered into between the parties under the provisions of the Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules, 1997. The award was subsequently made by the Special Land Acquisition Officer under section 11 of the 1894 Act on 6 August 2011.
(2.) The records indicate that the petitioner had earlier filed Writ-C No. 54048 of 2016 Jile Singh @ Jila Ram and 3 Ors. v. State of U.P. and 3 Ors., decided on 11 November 2016 asserting that the acquisition stood lapsed in view of the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) as possession of the land had not been taken, though compensation had been paid. This petition was disposed of on 11 November 2016 with a direction to the petitioners to move an appropriate application before the District Magistrate in terms of the Government Order dated 30 January 2015 and the District Magistrate was directed to send his recommendation to the State Government within six weeks so that the State Government could pass an order. The judgment is reproduced below : "Heard learned counsel for the petitioner and Sri Ramendra Pratap Singh, the learned counsel appearing for the respondent No. 4. The petitioner contends that pursuant to a notification issued in the year 2004, the petitioner entered into an agreement and under the Karar Niyamawali 1997 compensation was paid but till date possession has been taken. The contention of the petitioner is that the acquisition proceeding stood lapsed in view of the provision of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In this regard the Court finds that the State Government has issued a notification dated 30.1.2015 by which the Collector will process the matter and send its recommendation to the State Government for final decision. In view of the aforesaid, we dispose of the matter directing the petitioner to move an appropriate application before the District Magistrate in terms of the Government Order dated 30.1.2015. If such an application is filed, the District Magistrate will process the matter and send its recommendation to the State Government within six weeks from the date of production of a certified copy of the order. The State Government will thereafter pass appropriate orders on the petitioner's application." (emphasis supplied)
(3.) The petitioners filed a representation dated 16 December 2016 before the State Government in regard to 7-14-17 big has of land situated in Khasra No. 48 as is clear from the comments submitted by the District Magistrate, Gautam Budh Nagar to the State Government. The comments mention that possession of the aforesaid plot was taken on 30 December 2005, compensation was received on the basis of an agreement under the 1997 Rules and the award was made under section 11 of the 1894 Act on 6 August 2011. Thus, the representation was liable to be rejected.;