- (1.) This petition has been filed for a direction with the prayer that the State of Uttar Pradesh should conduct an enquiry against the Officers involved in misappropriation of public fund and disbursement of additional compensation in respect of Village Patwari for the land which was acquired by issuance of a notification dated 12 March 2008 under Section 4(1) of the Land Acquisition Act, 1894 (The Act) and the declaration made under Section 6(1) of the Act on 30 June 2008.
(2.) It is pointed out that pursuant to the interim direction issued by the Division Bench of this Court on 26 July 2011 in Writ Petition No.- 37443 of 2011, Gajraj and Others Vs. State of U.P. and Others connected with 13 Other writ petitions, the respondent-Greater NOIDA Industrial Development Authority (Greater NOIDA) entered into an agreement with some of the tenure holders of Village Patwari and a settlement was arrived at on 6 August 2011 that provided that they would be entitled to additional compensation of Rs. 550/- per sq. mts. even though some of the tenure holders had earlier entered into an agreement under the provisions of the Uttar Pradesh Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules, 1997 (1997 Rules).
(3.) Learned Standing Counsel appearing for respondent no. 1, 2 and 3 and Shri B.B. Jauhari appearing for Greater NOIDA have, however, submitted that this additional amount of compensation was paid as the notification and the declaration had earlier been quashed by a Division Bench of this Court in Har Karan Singh Vs. State of U.P. and Others, Writ Petition No.- 17068 of 2009, decided on 19 July 2011 connected with 10 other writ petitions. They have also pointed that in view of directions issued by the Division Bench on 26 July 2011, the Chief Executive Officer, in the presence of the District Magistrate, Gautam Budh Nagar and Additional District Magistrate, Dadri, negotiated with the land owners of Village Patwari and Greater NOIDA and ultimately a settlement was arrived at on 6 August 2011. The submission is that it is on the basis of this negotiated settlement that additional compensation was paid and that this settlement was taken into consideration by the Full Bench in Gajraj and Others Vs. State of U.P. and Others, 2011 11 ADJ 1 (FB) when it issued the directions.;