Court No. - 2
Case :- MATTERS UNDER ARTICLE 227 No. - 1955 of 2018 Petitioner :- Sher Singh Badhawa Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Sagar Singh Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Shiv Sagar Singh for the petitioner and Standing Counsel for State of UP and Sri K.N. Singh for NOIDA Authority.
The writ petition has been filed for issuing mandamus directing District Judge, Gautam Budh Nagar to sent the record of Land Acquisition Reference No. 423 of 1994 (Sher Singh Badhawa Vs. State) to the Judgeship of District Judge, Ghaziabad.
The counsel for the petitioner submits that land situated in district Ghaziabad was acquired by NOIDA authority. Since the office of NOIDA authority is situated at Gautam Budh Nagar as such initial award has been passed by Collector, Gautam Budh Nagar. On the application of the petitioner reference under Section 18 of Land Acquisition Act, 1894 has been made to District Judge, Ghaziabad. On creation of new district Gautam Budh Nagar, reference was inadvertently transferred to district Gautam Budh Nagar. Although the acquired land was situated within the domain of District Judgeship , Ghaziabad till today. When this mistake was brought to the notice of concerned court of Gautam Budh Nagar then by the order dated 14.1.2013, the concerned court has directed for transferring the record to Judgeship, Ghaziabad. But the record has not been transferred and it is lying in the court of Second Additional District Judge, Gautam Budh Nagar.
I have considered the arguments of the counsel for the parties and examined the records.
It is not denied that the acquired land is still situated within the limit of district Ghaziabad, therefore, Judgeship of district Ghaziabad has jurisdiction to decide the Land Acquisition Reference No. 423 of 1994.
As order for transferring the record has already been passed by Second Additional District Judge, Gautam Budh Nagar on 14.1.2013 as such the writ petition is disposed of with direction to District Judge, Gautam Budh Nagar / Second Additional District Judge, Gautam Budh Nagar to remit the record of Land Acquisition Reference No. 423 of 1994, forthwith to the court of District Judge, Ghaziabad, who shall register it and proceed to decide it expeditiously, in accordance with law.
Order Date :- 30.3.2018 Rahul /-