- (1.) The petitioner has preferred this writ petition for issuance of a direction to the respondents to allot the developed abadi to the extent of 10% of the acquired land. The relief claimed in the writ petition reads as under: "i) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to allot the developed Abadi Plot to the extent of 10% of the acquired land, subject to maximum of 2500 square meter in pursuance of the land of the petitioner acquired by the Authority bearing Khata No. 278 Khasra No. 152 measuring 2.6070 hectare situated at Village Pali, Pargana and Tehsil Dadri, District Gautam Budh Nagar."
(2.) It is stated that Greater Noida Industrial Development Authority (for short, "the Authority") acquired petitioner's bhumidhari land being Khata No. 278 Khasra No. 152 situated at Village Pali, Pargana and Tehsil Dadri, District Gautam Budh Nagar.
(3.) A large number of writ petitions were filed by the farmers. A batch of petitions was decided by a common judgement in the case of Gajraj and others v. State of U.P. and others1. The petitioner claims that he has also filed Civil Misc. Writ Petition No. 46933 of 2011 (Raghubar and others v. State of U.P. and others) which was clubbed with the lead petition2. This Court in Gajraj (supra) has passed the following directions: "482. ... 3. All other writ petitions except as mentioned above at (1) and (2) are disposed of with following directions: (a) The petitioners shall be entitled for payment of additional compensation to the extent of same ratio (i.e. 64.70%) as paid for village Patwari in addition to the compensation received by them under 1997 Rules/award which payment shall be ensured by the Authority at an early date. It may be open for Authority to take a decision as to what proportion of additional compensation be asked to be paid by allottees. Those petitioners who have not yet been paid compensation may be paid the compensation as well as additional compensation as ordered above. The payment of additional compensation shall be without any prejudice to rights of land owners under Section 18 of the Act, if any. (b) All the petitioners shall be entitled for allotment of developed Abadi plot to the extent of 10% of their acquired land subject to maximum of 2500 square meters. We however, leave it open to the Authority in cases where allotment of abadi plot to the extent of 6% or 8% have already been made either to make allotment of the balance of the area or may compensate the land owners by payment of the amount equivalent to balance area as per average rate of allotment made of developed residential plots. 4.The Authority may also take a decision as to whether benefit of additional compensation and allotment of abadi plot to the extent of 10% be also given to; (a) those land holders whose earlier writ petition challenging the notifications have been dismissed upholding the notifications; and (b) those land holders who have not come to the Court, relating to the notifications which are subject matter of challenge in writ petitions mentioned at direction No.3." ;