Court No. - 29
Case :- WRIT - C No. - 28273 of 2018 Petitioner :- Prem Chand Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Mahesh Chand,Dushyant Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri M.C. Singh, learned counsel for the petitioner and Sri Kaushlendra Nath Singh, learned counsel appearing for the NODIA.
The petitioner has filed this petition for quashing of the letter dated 26.7.2018 issued by the respondent no.4 Additional Chief Executive Officer, NOIDA and the letter dated 28.7.2018 issued by the respondent no. 6 City Magistrate, Gautambudh Nagar.
The respondent no.4 vide letter dated 26.7.2018 has requested the City Magistrate to ensure removal of encroachments from Khasra No. 732 with the police force as the said land stands acquired and is part of the green belt. In pursuance to the above, the City Magistrate vide letter dated 26.7.2018 has issued directions for the removal of the encroachment from the said land and for providing necessary police force for the same.
The submission of Sri. M.C. Singh, learned counsel for the petitioner is that the aforesaid land is the land of the petitioner and that without any notice, his constructions which are in the form of the sheds are not liable to be removed therefrom.
Sri Khaushlendra Nath Singh, learned counsel appearing for the respondent no.4 on the basis of his instructions submits that the aforesaid land was acquired for the benefit of the NOIDA in respect thereof an award has been made and the compensation has been deposited with the "Collector". The petitioner has no right over the said land and constructions raised are illegal and unauthorized.
Annexure-1 to the writ petition establish that the aforesaid plot of land has been recorded in the name of the NODIA after deleting the name of the earlier tenure holders and as such the version of Noida that it had been acquired appears to be prima facie correct.
In view of the aforesaid facts and circumstances, as the land in dispute has vested in the State of U.P. and has been entrusted to the NOIDA, the petitioner has no right left over the said land other than for claiming compensation. The respondents are free to carry out the demolition of the encroachments existing on the said land.
In view of the aforesaid facts and circumstances, we find no merit in the petition and the same is dismissed.
Order Date :- 21.8.2018 Ashutosh Pandey