V.K. Shukla, J. - (1.) Bunch of writ petitions have been filed by the villagers of different villages at District Gautam Budh Nagar before this Court with the following prayer and with the consent of parties Writ Petition No. 63139 of 2014 (Smt. Atari Devi and others v. State of U.P. and others) is being treated leading one. "I. issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the ownership and possession of the petitioners over the disputed land which details have been given in Annexure No. 1 to the writ petition without paying adequate compensation as per the direction of Gajraj Singh case and another benefit accordingly the compromise arrived (Annexure Nos. 11 and 12 to the writ petition); II. issue a writ, order or direction in the nature of mandamus directing the respondents to pay compensation minimum at the rate of Rs. 1550/- per square yard and other emoluments and benefits as directed by the Hon'ble Court in Gajraj Singh case; III. issue a writ, order or direction in the nature of mandamus directing the respondents to pay all other benefits for which the compromise was arrived which details have been given in paragraph no. 20 of the writ petition (Annexure Nos. 11 and 12 to the writ petition); and IV. issue any other writ, order or direction which this Hon'ble Court may deem fit and proper according to the facts and circumstances of the case."
(2.) Brief background of the case in hand is that petitioners before us are farmers and their grievance is that petitioners' land has been taken by the M/s. Hi-tech Development Private Limited and qua each one of the petitioner accepted position is that they have proceeded to execute the sale deed in favour of M/s. Hi-tech Development Private Limited. Petitioners in spite of the fact that they have proceeded to sell the land in question in favour of M/s. Hi-tech Development Private Limited, submitted that price, that has been so offered to them, was totally inadequate and, in view of this, large scale agitation has been carried out as poor tenure holders have transferred their land under the threat of acquisition but the fact of the matter is that possession remain with the petitioners and other villagers and, in view of this, on the intervention of Executive Authorities, meeting for compromise was organized on 24.4.2013 and 9.6.2013 and ultimately on 28.6.2013 following terms were settled; "I. The land owners who have already sold the land on e person of his family would be given employment on the list prepared by the Up Ziladhikar, Dadri, Gautam Budh Nagar. II. The hereditary farmers who have been paid compensation at the rate of Rs. 850/- per square yard by the company without any Abadi land, they will be given 8% of their acquired land for Abadi without any cost. III. The hereditary farmers who have been paid compensation at the rate of Rs. 850/- per square yard for their balance land which has been sold at the rate of Rs. 1200/- per square yard land, they are entitled 8% Aadi land without any cost even on the latter sold land at the rate of Rs. 1200/- per square yard. IV. The land owners who have been sold their land at the rate of Rs. 1200/- per square yard but they have not get the Abadi land those land owners are also entitled to get 8% of the land for Abadi, they could get on the payment of Rs. 1845/- per square yard to the company for the 8% land of Abadi. V. The development of the Abadi land would be done on the term of the NOIDA and the same would be allotted within three months and the compensation would be given within the period of one year. VI. The hereditary landless persons of the village would get 17 square yard land per head from the company/respondent no. 7 accordingly the list prepared by the Up Ziladhikari, Dadri. The entire exercise be completed within six months and the land would be handed over within the period of one year. VII. The development of the village Dujana would be done by the respondent no. 7 which include Panchayat Ghar, Stadium, Shamshan Ghat, Degree College, Polytechnic, land for Dadi Sati Mela and its development, beautification of pond, renovation of the temples, development of Chaupal, Library, CC road, water supply, sewer line and medical dispensary. VIII. The developer of Hi-tech City withdraw the litigation pending against the land owners. IX. On above terms and conditions the land owners would cooperate the Hi-tech City developers so that the developers can discharge their liability without any hindrance."
(3.) Petitioners have further proceeded to mention that the aforesaid compromise dated 9.6.2013 was arrived again by defrauding the land owners i.e. petitioners and others of the four villages Dujana, Kachhera @ Kachhera Varsabad, Duriyai and Hathipur Khera @ Talabpur without paying the compensation and the fact of the matter is that petitioners are entitled for compensation in consonance with the Full Bench judgment of this Court in the case of Gajraj Singh and others v. State of U.P. and others, 2011 (11) ADJ 1 (FB) , and petitioners submit that all of them were given allotment letter for Abadi and all of them claim to have complied with the order in question but same was not respected by the developer and, in view of this, petitioners are before this Court with the prayer, already quoted above, claiming therein that they are entitled for compensation at the rate of 64.7% excess to the payment made to them under the direction of this Court in the case of Gajraj Singh (supra) and further petitioners are entitled of the 10% developed land in the ratio of their acquired land as per the direction given in the case of Gajraj Singh (supra). Petitioners have also proceeded to detail out that Ansal Builders had also purchased land on the same pattern in the adjoining villages for meagre sum, same also led to agitation and led to compromise inter se farmers and M/s. Uttam Steel and Associates (Consortium) Company on 3.9.2013. Supplementary affidavit has been filed by the petitioners appending therein papers of resumption done by the District Magistrate time to time which disclosed the rate of compensation at the rate of Rs. 1100/- per square meter and papers regarding the consideration of the petitioners' grievance for equal treatment to the tenure holders who have been paid compensation under the direction of Gajraj Singh's case and copy of the minutes of the meeting dated 24.4.2013 with the Greater Noida in the presence of the administrative authorities along with the resolution arrived by the Board in its 91st meeting which has been taken place on 20.11.2013 and the minutes of the meeting of the Board dated 23.10.2013. Thereafter, another supplementary affidavit has been filed by the petitioners appending therein copy of the notification dated 28.12.2006, copy of the notification dated 30.7.2010 and copy of the award dated 30.12.2013.;