Decided on May 23,2018

Sunil Kumar And 4 Ors Appellant
STATE OF U P Respondents


Dilip B Bhosale, C.J. - (1.)The questions involved and the facts against which they are raised in these petitions, are common and, hence, by consent of counsel for the parties, they are being disposed of by this judgment.
(2.)Writ petition (Writ-C No. 34893 of 2014) under Article 226 of the Constitution of India has been instituted by the petitioners after 29 years, seeking direction in the nature of mandamus declaring the notifications under Sections 4 (1) and 6 read with Section 17 of the Land Acquisition Act, 1894 (for short, "Act, 1894") both issued on 07.11.1985, as lapsed in view of the provisions contained in Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, "Act, 2013"). The lands in dispute are Khasra Nos. 312 measuring 0-16-10 bigha, 313 measuring 0-18-0 bigha, 314 measuring 0-11-0 bigha and 315 measuring 0-10-0 bigha, situated at Village Gijhore, Pargana and Tehsil Dadri, District Gautam Budh Nagar (for short, "the lands").
(3.)The challenge has been raised solely on the ground that, by virtue of the provisions contained in sub-section (2) of Section 24 of the Act, 2013, the acquisition deemed to have lapsed, since neither possession of the lands had been taken, nor compensation had been paid on completion of the acquisition proceedings in 1985. Petitioners have also challenged a notice issued on 23/25 June 2014 by respondent no.5, whereby they were asked to immediately stop unauthorised constructions on the acquired lands and remove the unauthorised constructions already made within 15 days. By this notice, petitioners were also asked to submit a written reply to the notice within 15 days. The petitioners chose not to submit any reply and filed this petition on 04.07.2014. In the notice, a reference has been made to the lands in dispute only and not to the land-Khasra Nos. 532 and 533, with which the petitioners admittedly do not have any concern, whatsoever.

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