- (1.) This petition seeks the quashing of the order dated 18 November 2016, passed by the Additional District Magistrate (Land Acquisition), Noida [hereinafter referred to as the ADM (LA)] by which the representation filed by the petitioners pursuant to the direction issued by the Court on 27 April 2016 in the earlier Writ-C No. 18760 of 2016 filed by the petitioners has been disposed of holding that the compensation cannot be paid to the petitioner as neither the possession of the land was taken nor the award under Section 11(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was made.
(2.) The dispute in the present petition is regarding land measuring 0.0840 hectares in Khasra No. 484 situated in revenue village- Khoda, Pargana Loni, Tehsil Dadri, District Ghaziabad (Now Gautam Budh Nagar). The petitioners had earlier filed Writ-C No. 18760 of 2016 which was disposed of by a Division Bench of this Court on 27 April 2016 with the following observations: "Dispute is in respect of plot no.484 measuring about 0-8-4-0 Pukhta (1000 Sq. Yards) situate in village Khora, Pargana Loni, Tehsil Dadari District Ghaziabad. The said plot was subject matter of acquisition under the provisions of the Land Acquisition Act, 1894 (for short the 'Act'). Notification was issued on 11.7.1988. Admittedly, the land was acquired as long back as in July 1988 and the petitioner had purchased the said plot from the erstwhile owner vide sale deed dated 16.12.1989, i.e., after declaration under Section 6 read with Section 17 of the Act was made on 11.7.1988. Hon'ble Apex Court in the case of Meera Sahni Vs. Lt. Governor of Delhi, 2008 LawSuit(SC) 2247 has held that a subsequent purchaser has no right or title to the property and that he would be only entitled to get the compensation. In such view of the aforesaid legal position settled by the Hon'ble Apex Court, the relief claimed for return of the land is not liable to be granted and at best the petitioner can make an application for payment of compensation and in case the same has not already been paid to the erstwhile recorded tenure holder, the application may be considered by the Additional District Magistrate, NOIDA in accordance with law expeditiously preferably within a period of three months from the date of making of the application. Writ petition stands disposed of."
(3.) As noted above, the ADM (LA) has recorded a finding that though the land was included in the notification issued under Section 4(1) of the Act and the declaration made under Section 6 of the Act but the possession was not transferred to the Noida, therefore, in such circumstances, neither the award was made nor the petitioners are entitled to compensation.;