SUDHIR AGARWAL, J. - (1.) HEARD Sri Vishnu Gupta for the petitioners and learned Standing Counsel for respondents No. 1, 4, 5 and 6 and Sri Pradeep Kumar for respondent No. 2.
(2.) ALL the petitioners are residents of village Chamrawali Bodaki, Tehsil Dadri, District Gautam Budh Nagar. The State Government included the village Bodaki (partially-Eastern part of railway line) within the jurisdiction of Greater New Okhla Industrial Development Authority (hereinafter referred to as the "GNOIDA") vide notification dated 14.6.2006. Now the State Government has proposed to include certain villages including the aforesaid within the jurisdiction of Bulandshahr Khurza Development Authority (hereinafter referred to as the "BKDA") by de-notifying it from the jurisdiction of GNOIDA and it is against this proposed action, the present writ petition has been filed under Article 226 of Constitution of India seeking a writ of mandamus restraining the respondents from de-notifying the villages mentioned in Annexure-6 to the writ petition and also not to dispossess or acquire petitioners Abadi land situated at plots No. 259 and 261 of village Chamrawali Bodaki, Tehsil Dadri, District Gautam Budh Nagar. The contention of the petitioners is that BKDA is almost a defunct body having poor financial status and, therefore, placement of petitioners within its jurisdiction would cause irreparable loss to them and once petitioners have been included within the jurisdiction of GNOIDA, they cannot be de-notified and placed in the jurisdiction of a new authority i.e. BKDA.
(3.) THE learned counsel for the petitioner besides oral submissions has also filed written arguments and placed reliance on Apex Court's decision in Ved Prakash and others v. Ministry of Industry, Lucknow and another, (2003) 9 SCC 542 and Devinder Singh and others v. State of Punjab and others, (2008) 1 SCC 728 contending that petitioners' land cannot be acquired by respondents since the land of the petitioners' is Abadi and, therefore, petitioners are entitled for issuance of a writ of mandamus restraining the respondents from acquiring their land. He also contended that once a notification has been issued placing the petitioners' land and village within the jurisdiction of a particular authority the same cannot be de-notified and be placed within the jurisdiction of another authority.;