- (1.) The petitioners, who claim to be owner and bhoomidhar of certain lands situated in village Haibatpur, Tehsil Dadri in District Gautam Budh Nagar, has filed this petition to assail the order dated 2 May 2016 and 6 January 2017 passed by the Chief Executive Officer, Greater Noida Industrial Development Authority, Gautam Budh Nagar Greater Noida on the representation filed by the petitioners pursuant to the directions issued by the Court on 17 March 2016 and 30 September 2016 in the earlier Writ Petition No. 12751 of 2016 and Writ Petition No. 47119 of 2016 filed by the petitioners respectively. The representation filed by the petitioners have been rejected holding that the benefit of providing 10% additional land and 64.7% additional compensation would not be available to the petitioners.
(2.) It is stated in the order that the aforesaid plots were included in the notification dated 7 December 2001 issued under Section 4(1) of the Land Acquisition Act, 1894 the act and the declaration made under Section 6 of the Act on 31 January 2002. Possession of the plots was given to the Authority on 23 March 2002 and an award was subsequently made on 19 March 2004. It has also been stated that the notification by which the land of the petitioners were acquired was different from the notifications that were under challenge in the Full Bench decision of this Court in Gajraj and Others v. State of U.P. and Others, 2011 11 ADJ 1.
(3.) Learned counsel for the petitioners has contended that the benefit of 10% developed land and 64.70% additional compensation would be available to the petitioners even if the notification acquiring the land of the petitioners were not under challenge in Gajraj.;