Greater Noida Ind. Dev. Authority vs Savitri Mohan (D) & Ors

3. The original petitioners did not receive the compensation as they had already filed a petition in the High Court on 3rd March, 2009 mainly on the ground that the urgency clause could not have been invoked so as to deprive the land owners of their right to file objections. On coming to know of the proposed acquisition, the respondents made representation dated 11th April, 2008 stating that they were running an agro based industry and floriculture for producing hybrid seeds of flowers. Case of the writ petitioners was that possession was wrongly shown to have been taken on 9th March, 2009 as interim order was already passed on 5th March, 2009.

5. The stand of the State is that having regard to immediate need for development and likelihood of illegal and unauthorized constructions, invocation of urgency clause was justified. It was submitted that the power under Article 226 should not be exercised so as to obstruct development of infrastructure which will serve larger public interest. Instead, the relief could be moulded so to compensate the writ petitioners. It was submitted that the land was part and parcel of larger area. In view of substantial development having taken place, the plea of the writ petitioners should not be considered in isolation. Reliance was placed on a Full Bench Judgment of the High Court in Gajraj and others versus State of U.P. and others.[8] whereby 461 petitions were decided. Acquisition was upheld but additional compensation of 64.70 per cent was awarded with further direction to allot developed plots to the extent of 10 per cent of the acquired land subject to maximum of 2500 square meters as against allotment of abadi plots to the extent of 6 per cent. This order was passed having regard to the extent of development, which had already taken place after the acquisition. The said judgment also covered land of village Chhapraula as a part of group No.18 (out of 65 groups). While discussing the writ petitions of village Chhapraula, the Full Bench judgment noted that compensation had already been disbursed to the extent of 76 per cent.

2(i). The writ petitions of Group 40 (Village Devla) being Writ Petition No. 31126 of 2011, Writ Petition No. 59131 of 2009, Writ Petition No. 22800 of 2010, Writ Petition No. 37118 of 2011, Writ Petition No. 42812 of 2009, Writ Petition No. 50417 of 2009, Writ Petition No. 54424 of 2009, Writ Petition No. 54652 of 2009, Writ Petition No. 55650 of 2009, Writ Petition No. 57032 of 2009, Writ Petition No. 58318 of 2009, Writ Petition No. 22798 of 2010, Writ Petition No. 37784 of 2010, Writ Petition No. 37787 of 2010, Writ Petition No. 31124 of 2011, Writ Petition No. 31125 of 2011, Writ Petition No. 32234 of 2011, Writ Petition No. 32987 of 2011, Writ Petition No. 35648 of 2011, Writ Petition No. 38059 of 2011, Writ Petition No. 41339 of 2011, Writ Petition No. 47427 of 2011 and Writ Petition No. 47412 of 2011 are allowed and the notifications dated 26.5.2009 and 22.6.2009 and all consequential actions are quashed. The Petitioners shall be entitled for restoration of their land subject to deposit of compensation which they had received under agreement/award before the authority/Collector.

2(ii). Writ petition No. 17725 of 2010 Omveer and Ors. v. State of U.P. (Group 38) relating to village Yusufpur Chak Sahberi is allowed. Notifications dated 10.4.2006 and 6.9.2007 and all consequential actions are quashed. The Petitioners shall be entitled for restoration of their land subject to return of compensation received by them under agreement/award to the Collector.

2(iii). Writ Petition No. 47486 of 2011 (Rajee and Ors. v. State of U.P. and Ors.) of Group-42 relating to village Asdullapur is allowed. The notification dated 27.1.2010 and 4.2.2010 as well as all subsequent proceedings are quashed. The Petitioners shall be entitled to restoration of their land.

3. All other writ petitions except as mentioned above at (1) and (2) are disposed of with following directions:

(a) those land holders whose earlier writ petition challenging the notifications have been dismissed upholding the notifications; and

(b) those land holders who have not come to the Court, relating to the notifications which are subject matter of challenge in writ petitions mentioned at direction No. 3.

5. The Greater NOIDA and its allotees are directed not to carry on development and not to implement the Master Plan 2021 till the observations and directions of the National Capital Regional Planning Board are incorporated in Master Plan 2021 to the satisfaction of the National Capital Regional Planning Board. We make it clear that this direction shall not be applicable in those cases where the development is being carried on in accordance with the earlier Master Plan of Greater NOIDA duly approved by the National Capital Regional Planning Board.

18. In view of the above, we allow this appeal, set aside the impugned judgment and direct disposal of the writ petitions of the respondents in terms of the judgment of this Court in Savitri Devi (supra). There will be no order as to costs.

JUNE 29 , 2016.

Petition(s) for Special Leave to Appeal (C) No(s). 9550/2015 (Arising out of impugned final judgment and order dated 30/05/2012 in CMWP No. 13109/2009 passed by the High Court of Judicature at Allahabad) GREATER NOIDA IND. DEV. AUTHORITY Petitioner(s) VERSUS SAVITRI MOHAN & ORS Respondent(s) Date : 29/06/2016 This petition was called on for pronouncement of judgment today.

Hon'ble Mr. Justice Adarsh Kumar Goel pronounced the judgment of the Bench comprising Hon'ble Mr. Justice Anil R. Dave and His Lordship.

Delay condoned.

Leave granted.

The appeal is allowed in terms of the signed reportable judgment. There will be no order as to costs.

(Signed reportable judgment is placed on the file)