- (1.) We have heard Sri Shiv Kant Mishra and Sri Kamlesh Kumar Mishra, learned counsel for the petitioners, Sri Suresh Singh, learned Standing Counsel for respondents no. 1 to 3, Sri Shivam Yadav for respondent no. 4 and Sri Alok Kumar Yadav for respondents no. 5 to 9.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioners have prayed for quashing of the order dated 19.01.2016 passed by the Additional District Magistrate (Land Acquisition)/Special Land Acquisition Officer, Gautam Budh Nagar allowing the application made by the respondents no. 5 to 9 and referring the matter under Section 30 of the Land Acquisition Act, 1894 (for short the 'Act') for adjudication by the Court.
(3.) Dispute between the parties is in respect of plot no. 60, 252, 292 total area 6-7-10 situate in village Bhangel Begumpur, Pargana and Tehsil Dadri, district Gautam Budh Nagar. The said plots along with other plots were subject matter of acquisition by the State Government for planned development by the New Okhla Industrial Development Authority (hereinafter referred to as the 'NOIDA'). Notification under Section 4 of the Act was published in the gazette on 05.01.1986 and declaration under Section 6 of the Act was made on 18.10.1986. The award was declared on 11.05.1988 determining the compensation to @ Rs.14.92 per sq. yard. The award was prepared in the name of Sher Singh and Smt. Sharbati, both having equal share. It may be relevant to refer the pedigree of the disputing parties as culled out from the pleadings :;