Hon'ble Sibghat Ullah Khan,J.
Hon'ble V.K. Shukla,J.
Heard Sri Manish Goel, learned counsel for the petitioner. Sri Ramendra Pratap Singh, Advocate appearing for respondent Nos. 3 and 4 as well as standing counsel, representing the State authorities, has also been heard.
Learned counsel for the petitioner, relying upon a judgment of Apex Court in the case of Daya Ram Tyagi vs. State of U.P. and others, arising out of S. L. P. (C) No.2687/2010 dated 23rd August, 2011, has submitted that the said judgment concludes the issue for invocation of Notifications under Sections 17 (1) and 17 (4) of the Land Acquisition Act.
Present writ petition was filed challenging the land acquisition proceedings initiated by Notification dated 30.11.1989 under Section 4 of the Land Acquisition Act and the declaration dated 16.06.1990. An interim order was passed by this Court in the writ petition on 10.10.1990. However, subsequently, writ petition was dismissed in default on 05.12.1997, and it could be restored on 01.05.2007, and thereafter, it has come up for hearing.
Counter affidavit and supplementary counter affidavit have been filed. Rejoinder affidavit and supplementary rejoinder affidavit have also been filed. Stand taken by respondent Nos. 3 and 4 in their counter affidavit is that possession of land in dispute, viz., plot Nos. 136 and 137, was taken on 10.09.1999; they have made development on the plots by constructing road and bus terminus. However, such developments have been denied by the petitioners. The petitioners have stated that no possession was taken and the land is still lying vacant.
Learned counsel for the petitioners has referred to super-imposed map filed by Noida Authority as Annexure S.A.-6 to the supplementary counter affidavit. He submits that such map although claimed to be super-imposed map, neither bears the seal nor has been signed by any competent authority. Sri Ramendra Pratap Singh, Advocate, appearing for respondent Nos. 3 and 4, submits that details of transfer of land by the petitioners and other tenure holders regarding plot Nos.136, 137 and 138 have been given in paragraph 6 of the supplementary counter affidavit. Reply to aforesaid paragraph 6 has been given in paragraphs 22 to 25 of the rejoinder affidavit.
For effectively deciding the writ petition, present state of affairs and the status of the plots in dispute is required to be brought on record. We are of the view that direction be issued to the Collector, Ghaziabad (now Gautam Budh -3- Nagar) asking him to get appropriate measurement of the petitioners' plots, as referred to above, done through competent revenue officials. Respondent No.4 is directed to extend all necessary assistance to the Collector in carrying out the measurement. Before carrying out measurement, notice be also given to the petitioners, on their address "6/103, Kaushalya Park, Hauz Khas, New Delhi-110016", so that their representative may also remain present at the time of measurement activities. After carrying out measurement activities, the Collector shall prepare a report and get the same filed before the Court through an affidavit, within six weeks from the date of production of a certified copy of this order before him by the petitioner.
List this petition after six weeks.
Order Date :- 14.5.2012 SRY