Court No. - 39
Case :- WRIT - C No. - 15105 of 2018 Petitioner :- Anil Chauhan And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rishu Mishra,Pankaj Dubey Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
The petitioners claim to be owners of land measuring 0.4170 hectares situated in Khasra No. 111 and area measuring 0.8090 hectares situated in Khasra No. 117M situated at Revenue village Mamura, Tehsil Dadri District Gautambudh Nagar.
It is stated that some portion of land situated in Plot No. 117M was acquired. The dispute is with regard to that portion of the land which was not acquired by the State Government for NOIDA and on which construction stand.
It transpires from the record that the petitioners had earlier filed Writ-C No. 40392 of 2016 which was disposed of 15 November 2016, in which a statement was made by the respondents that they have no intention of dispossessing the petitioners and a decision will be taken only after the land is acquired.
The grievance raised in this petition is that even though proceedings for acquisition of land have not been initiated but still NOIDA is intending to dispossess the petitioners.
The petitioners have specifically stated that a notification for acquisition of land has not been issued. In such a situation the Authority cannot take possession of the land unless it is sold by the petitioners.
Such being the position, we redirect that the respondents shall not dispossess the petitioners or demolish the constructions unless the land is acquired or is sold by the petitioners.
The Writ Petition is disposed of with the aforesaid observation.
Order Date :- 26.4.2018 Sartaj (Dilip Gupta,J.) (Neeraj Tiwari,J.)