- (1.) This petition has been filed by the petitioner for providing 64.70% compensation and 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 1.
(2.) The petitioner claims to be the co-owner with transferable rights of Khasra No.1536/2 area 0.6280 hectares, Khasra No.1537/1 area 1.0120 hectares, Khasra No.1565/1 area 1.6740 hectares of land situated in Revenue Village-Kasana Pargana Dankaur, Tehsil Sadar, District Gautam Budh Nagar, were acquired for planned industrial development by Greater Noida. The notification under Section 4(1) read with Section 17(1) and 17(4) of the Land Acquisition Act, 1894 ('The Act') is dated 05 October 2002. The declaration was made on 30 October 2002. It is stated that the petitioner received compensation under the provisions of the U.P. Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules 1997 ('The Rules').
(3.) At the outset, learned counsel for the petitioner has very fairly stated that the aforesaid notification issued under Section 4(1) of the Act seeking to acquire land admeasuring 156.694 hectares, including the land of the petitioners, was not under challenge in Gajraj but what he contends is that the same benefit should be conferred upon the petitioners.;