RAUHTASH BHATI AND 4 OTHERS Vs. STATE OF U P AND 2 OTHERS
LAWS(ALL)-2018-2-245
HIGH COURT OF ALLAHABAD
Decided on February 05,2018

Rauhtash Bhati And 4 Others Appellant
VERSUS
State Of U P And 2 Others Respondents

JUDGEMENT

- (1.) This petition seeks the quashing of the order dated 16/18 May 2016 passed by the Chief Executive Officer, Greater Noida Industrial Development Authority (Greater Noida) by which the representation filed by the petitioners 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 has been rejected.
(2.) About 343.1628 acres of land situated in Village-Dadha, Pargana Dankaur, Tehsil Sikendrabad, District Gautam Budh Nagar, were acquired for planned industrial development by Greater Noida. The notification under Section 4(1) of the Land Acquisition Act, 1894(the Act) is dated 29 December 2001. The declaration was made on 30 March 2002. It is stated that the petitioners received compensation under the provisions of the U.P. Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules 1997(the Rules). The petitioners had earlier filed writ petitions for claiming this relief which were disposed of with a direction to the Authority to decide the representation. The representation has been rejected by order dated 18 May 2016. This petition has been filed for a direction upon the respondents to pay additional 64.70% compensation to the petitioners and also provide 10% developed land in view of the decision of a Full Bench of this Court in Gajraj.
(3.) At the outset, learned counsel for the petitioners has very fairly stated that the aforesaid notification issued under Section 4(1) of the Act seeking to acquire land admeasuring 343.1628 acres, 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.;


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