- (1.) SINCE common questions of facts and law are involved in these writ petitions, all the three writ petitions are being disposed of by this common judgment and order.
(2.) THROUGH these writ petitions, the petitioners have assailed the entire land acquisition proceedings which were initiated pursuant to the notification issued, under Section 28 of the U. P. Avas Evam Vikas Parishad Adhiniyam, 1965, on 10. 11. 1998. Petitioners have also assailed the subsequent notification dated 24. 6. 2003, issued under Section 32 of the U. R Avas Evam Vikas Parishad Adhiniyam, 1965 (Act No. 1 of 1966 ). In addition to these reliefs, the petitioners have further sought a writ of mandamus, restraining the respondents from issuing any formal award and taking forcible possession of the land in dispute while implementing the aforementioned land acquisition proceedings. According to learned Counsel for the petitioners, the entire land acquisition proceedings have lapsed with effect from 24. 6. 2005 by virtue of Section 11-A of the Land Acquisition Act. As per learned Counsel for the petitioners, there was imminent and instant danger of eviction from the land and property in their possession. Learned Counsel for the petitioners submits that since the possession of the land in dispute was not taken by the State Government under Section 17 (1) of the Land Acquisition Act, the land acquisition proceedings have rendered null and void. It appears from the record that notifications under Sections 28 and 32 of the U. P. Avas Evam Vikas Parishad Adhiniyam, 1965 (U. P. Act No. 1 of 1966) were issued on 10. 11. 1998 and 24. 6. 2003 for acquiring a large chunk of land in furtherance of implementation of housing/improvement scheme and other development projects on Delhi-Bulandshahr By-Pass in the District of Ghaziabad. The petitioners claim themselves to be recorded owners and Bhumidhars of the disputed plots situate in various Villages in Tehsil and Pargana Loni, District Ghaziabad.
(3.) AS admitted by the parties, the U. P. Avas Evam Vikas Parishad (hereinafter referred to as the UPAVP) while exercising its powers under Section 28 of U. P. Act No. 1 of 1966 proposed a housing and improvement scheme in the name and style of 'delhi Bulandshahr By-Pass Bhumi Vikas Evam Grah Sthan Yojna', proposed to acquire 284. 79 Hectares/703. 72 Acres of land situated in Villages Kaila, Mirjapur, Shahabad @ Mithepur, Akbarpur and Behrampur in the District of Ghaziabad. The notices were published in the local newspapers and U. P. Gazette dated 28. 11. 1998. The said scheme was placed for implementation before the. State Government and H. E. , the Governor of Uttar Pradesh in exercise of power under Section 31 (2) of U. P. Act No. 1 of 1966 notified the scheme on 9. 8. 2002. The decision of the State Government became final by the said notification. However, it was also made open for the concerned affected persons to take recourse of statutory remedy of filing appeal against the notification issued under Section 32 (3) of U. P. Act No. 1 of 1966. This remedy has not been exercised by the petitioners. The aforementioned housing/improvement scheme, which was duly notified under Section 32 (1) of U. P. Act No. 1 of 1966 and Section 17 (1) of the Land Acquisition-Act vice notifications dated 24th June, 2002, stood finally implemented. It was published in the Extraordinary U. P. Gazette vide notification dated 24th June, 2003. After the said notifications were issued, H. E. , the Governor of Uttar Pradesh, while exercising powers under Section 17 (1) of the Land Acquisition Act, directed the Collector, Ghaziabad to obtain possession of the acquired land for implementation of the above house/improvement scheme. AS per pleadings, put-forth by the Respondents, State Government and UPAVP, the possession of the land in dispute has already been taken and now the land vests 1 in the Government and claim of the petitioners that they are in possession of the land in dispute is wholly misconceived and unfounded. Sri Shashi Nandan, learned senior Counsel assisted by Sri P. K. Singh, Counsel for the petitioners, has submitted that all the petitioners are duly recorded Bhumidhars and are in possession of the lands duly indicated in the writ petitions. The details of Khasra numbers etc. have been mentioned in the writ petitions. It has been admitted that the notifications dated 10. 11. 1998,28. 11. 1998, 5. 12. 1998 and 12. 12. 1998, issued under Section 28 of the UPAVP proposing to compulsorily acquire 284. 79 Hectare/703. 72 Acres of land, were published in the local newspapers. The said scheme was sanctioned by the State Government vide Gazette Notification dated 24. 6. 2003 issued under Section 32 (1) of the U. R Avas Evam Vikas Parishad Adhiniyam, 1965 (U. P. Act No. 1 of 1966 ). Thus, the land acquisition proceedings stood concluded when this notification under Section 32 (1) of the Act No. 1 of 1966 was inserted.;