Court No. - 39
Case :- WRIT - C No. - 3154 of 2019 Petitioner :- Arun Kumar Garg Alias Arun Garg Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Atul Srivastava,Anjali Upadhya Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Bhanu Bhushan Jauhari, learned Counsel files his memo of appearance on behalf of respondent no.4 today in the Court. The same is taken on record.
Heard Sri Atul Srivastava, learned counsel for the petitioner, Sri Bhanu Bhushan Jauhari, learned counsel for the respondent no.4 and the learned Standing Counsel for the respondents no. 1 to 3.
In view of the nature of the order sought to be passed it is not necessary to issue any notice to the respondents no.5 to 8.
The petitioner in the writ petition is seeking direction to the respondent to release the land of the petitioner in terms of Section 48(i) of the Land Acquisition Act, 1894 (for short 'the Act, 1894') with a further direction to stop the respondents no. 5 to 8 from making construction over the land in question.
It appears that the land of the petitioner bearing Khasra No.01, area 2.200 Hectares, 02M area 02.4400 Hectare, 05M area 0.5120 Hectare and 06M area 0.4720 Hectare situated in Village-Gulistanpur, Pargana-Dadari, Tehsil-Sadar, District- Gautam Budh Nagar was acquired by the Greater NOIDA Authority in proceedings under Section 4 and Section 6 of the Act, 1894, dated 05.09.2007 and 27.02.2008. This acquisition came to be challenged before this Court in Writ Petition No. 20156 of 2009 (Smt. Rajni & Others v. State of UP & Others). The petitioner further states that in terms of the directions issued by the Court in the said writ petition which have been quoted in Para 8 of this writ petition, he moved an application for release of the land under Section 48(i) of the Act, 1894. This application was rejected by the respondents by order dated 02.07.2012, which has been challenged by the petitioner in writ petition no. 12274 of 2016. It is stated that the writ petition no. 12274 of 2016 is still pending but counter affidavit has not been filed till date.
In our opinion, if the writ petition no. 12274 of 2016 against the rejection of the petitioner's application under Section 48(i) of the Act, 1894 is pending in the High Court, the present writ petition seeking a direction to the respondents to release the land of the petitioner under Section 48(i) of the Act, 1894 is thoroughly misconceived and is not maintainable. This writ petition appears to have been filed only to expedite a decision on his application moved under Section 48(i) of the Act, 1894 circumventing the process of the Court in the pending writ petition no. 12274 of 2016.
We therefore dismiss the writ petition with cost of Rs.5,000/- on the petitioner.
The amount of Rs.5000/- shall be deposited by the petitioner with the Registrar General of this Court within one month from today. If the same is not so deposited, the Registrar General shall take necessary steps for recovery of the same from the petitioner in accordance with law as arrears of land revenue. The amount so deposited shall then be transmitted to the High Court Legal Aid Services.
Let a copy of this order be placed before the Registrar General of this Court for compliance.
Order Date :- 29.1.2019 JK Yadav