- (1.) The petitioners who claim to be record tenure holders of Khata No.12 Khasra No.38/2 measuring 1-2-0 Bigha, Khata No.41 Khasra No. 248 measuring 1-6-13 bighas, Khasra No.253 measuring 0-3-6 bighas, Khasra No.259 measuring 0-3-6 bighas, Khata No.51 Khasra No.196 measuring 0-7-0 bighas of land in village Hajratpur Wazidpur, Pargana and Tehsil Dadri, district Gautam Budh Nagar has filed this petition to assail the order dated 31 March 2016 and 24 April 2016 passed by the Chief Executive Officer, NOIDA on the representation filed by the petitioner pursuance to the directions issued by the Court on 17 February 2016 in the earlier Writ Petition No. 6698 of 2016 filed by the petitioner. The representation filed by the petitioner has been rejected by a detailed order dated 24 April 2016 holding that the benefit of providing 10% land and 64.7% additional compensation would not be available to the petitioner.
(2.) It is stated in the order that the aforesaid plots were included in the notification dated 30 June 1999 issued under Section 4(1) of the Land Acquisition Act, 1894 (the Act) and the declaration made on 9 March 2000. It has also been stated that the notification by which the land of the petitioner was acquired was not included in the petitions decided by the Full Bench in Gajraj and Others v. State of U.P. and Others, 2011 11 ADJ 1.
(3.) Learned counsel for the petitioner has contended that the benefit of 10% developed land and 64.70% additional compensation would be available to the petitioner even if the acquisition was not included in Gajraj and in any view of the matter the benefit would be available in view of the decision taken by the NOIDA Board in its meeting held on 9 June 2016 at Supplementary Agenda No. 11.;