- (1.) Heard Sri M.D. Singh Shekhar, learned Senior Counsel assisted by Sri Rajesh Mishra, counsel for petitioners and learned Chief Standing Counsel for respondents.
(2.) Petitioners had Bhumidari rights over Khasra No.475, measuring 2800 sq. meters situated in Village Lakhan, Paragana Dasna, Tehsil Hapur, District Ghaziabad. Land was purchased by Petitioners from erstwhile owners vide sale deed dated 26.07.2002. They got mutation of their names in Revenue record. No acquisition proceedings of petitioners' land were initiated by respondents at any point of time but in a wholly, illegal and arbitrary manner, Administrative Authorities/respondents started on the aforesaid land, constructions of a road, connecting Lakhan Maland- Bhovapur, village for the benefit of Reliance Energy Project, which was to be established at Dadri, District Ghaziabad. Petitioners made all efforts to restrain respondents and protested but failed. When approached, District Magistrate, Ghaziabad and other Revenue Authorities as well as Officers of U.P. Public Works Department (hereinafter referred to as "P.W.D."), held a meeting and assured Petitioners that they would be given an alternative land in exchange of their land occupied by respondents for construction of road. As instructed by Executive Engineer of U.P. P.W.D., Petitioners submitted a letter dated 30th June, 2005 stating that about 2800 sq. meters of their land is being used by respondents for construction of road, therefore, old road, which will render useless, be given to petitioners in exchange. Thereupon, Executive Engineer, P.W.D. Construction Division-II, U.P. P.W.D. Ghaziabad, (respondent 2) sent a letter dated 18th July, 2005, recommending/requesting District Magistrate, Ghaziabad, to allow exchange of land as requested by petitioners.
(3.) Tehsildar Hapur vide letter dated 10.08.2005 informed petitioners that as per orders of District Magistrate Ghaziabad and Tehsildar Hapur petitioners must submit an application for exchange of land under Section 161 of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 (hereinafter referred to as "Act 1951") in the Court of Sub Divisional Magistrate, Hapur (hereinafter referred to as "SDM"). Consequentially, petitioners submitted an application dated 16.08.2005 before Assistant Collector Ist Class/S.D.M. Hapur. Deputy Collector, Hapur sent letter dated 18.11.2005 directing Tehsildar, Hapur to re-examine question of utility of old road after construction of new road and submit its report after spot inspection. Such report was submitted by Tehsildar, Hapur on 07.12.2005 reiterating that old road had become useless after construction of new road. A recommendation for exchange was also made by Tehsildar vide report dated 20.12.2005. Deputy Collector however, found that area of old road recommended for exchange was 4070 sq. meter, while petitioners' land used for construction of road was only 2800 sq. meter. Therefore, he sought appropriate direction from Collector.;