KALU KHAN Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been filed for a direction upon the New Okhla Industrial Development Authority (NOIDA) to provide 10% Abadi land in view of the decision of a Full Bench of this Court in Gajraj & Ors. Vs. State of U.P. & Ors, (2011) 11 ADJ

(2.) A large tract of land situated in certain villages in District Gautam Budh Nagar was acquired for planned industrial development by NOIDA. The notification under Section 4(1) of the Land Acquisition Act, 1894 (the Act) is dated 4 July 2003. The declaration under Section 6 of the Act was made on 17 July 2003. The enquiry contemplated under Section 5-A of the Act was dispensed with.

(3.) One of the plea that was raised before the Full Bench in Gajraj was that the State Government was not justified in dispensing with the provisions of Section 5-A of the Act by invoking the provisions of sub-sections (1) and (4) of Section 17 of the Act. The Full Bench held that the State was not justified in dispensing with the enquiry contemplated under Section 5-A of the Act. Three sets of directions were then issued. Some of the writ petitions that had been filed with unexplained delay and laches were dismissed. The notifications issued in respect of villages where no development had taken place were quashed. However, in respect of some villages where substantial development had taken place, instead of quashing the acquisition proceedings even after accepting the plea that the provisions of Section 17(1) of the Act were wrongly invoked, the Full Bench enhanced the compensation by 64.7% as well as issued directions for allotment of developed abadi plot. The operative portion of the directions issued by the Full Bench in respect of petitions where relief for additional compensation and allotment of developed abadi plot was granted as contained in paragraphs 482(3) and 482(4) is as follows:-