- (1.) This petition seeks the quashing of the order dated 12 July 2016 passed by the Chief Executive Officer, Greater Noida Industrial Development Authority, by which payment of 64.70% additional compensation and for allotment of 10% developed land pursuant to a judgment rendered in Gajraj & Ors. Vs. State of U.P. and Ors., 2011 11 ADJ 1 has been rejected.
(2.) It is not in dispute that the petitioners had executed a sale deed in 2001 in favour of Greater Noida. Such being the position when the land of the petitioners was not acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the petitioner cannot take the benefit of the decision rendered in Gajraj and this is what was observed by a Division Bench of this Court in its judgement dated 3 February 2012 in Writ-C No.6176 of 2012 (Brahm Singh And Others Vs. State of U.P. And Others) for rejecting the claim made by persons who had executed sale deed. The observations are as follows: "From the materials brought on record, it is clear that the petitioners in this case have executed sale deed dated. 22.2.2006 in favour of Greater Noida Industrial Development Authority with regard to the land in question on consideration which was mentioned in the sale deed. The petitioners having executed the sale deed of the lands in dispute they are not entitled for the benefit of the decision of Full Bench passed in Writ Petition No.37443 of 2001 (Gajraj and others vs. State of U.P. and others) decided on 21st October, 2011. The petitioners having voluntarily executed the sale deed, they can not claim that the compensation is inadequate nor any such claim can be considered at this stage. With these observations, the writ petition is dismissed."
(3.) This writ petition is, accordingly, dismissed.;