eng
competition

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My first order9

created Jul 26th 2020, 11:47 by pankajsrivastava


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464 words
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Faced with large number of writ petitions challenging the land
acquisition by farmers of different villages of Greater Noida and Noida and noticing two conflicting views expressed by two different Division Benches on
the same notifications, the Division Bench passed following order on
26.7.2011:
"Against this background, prima facie we are of the view
that a larger Bench is required to be formed for the purpose
of hearing these matters not only in respect of the village in
question but also for all the acquisition matters in respect of
the New Okhla Industrial Development Authority and
Greater Noida Industrial Development Authority for the
ends of justice, to reduce the fume and to avoid the
multiplicity of the proceedings."
In the same order dated 26.7.2011 to protect the interest of the
petitioners, the Division Bench passed following order.
"However, petitioners will be protected with their rights in
the following manner:
(a) Principle of lis pendens will be applicable in these cases.
Therefore, whatever steps will be taken by the respondents
in the meantime, the same will abide by the result of the
writ petitions.
(b) Willing petitioners may make applications to the State or
the appropriate authority to consider their grievances and if
it is made, the same will be considered carefully upon giving
fullest opportunity of hearing to them, if necessary with the
assistance of the pleader, by 12th August, 2011 and a
report to that extent will be placed before the Court along
with the records of all the acquisition cases on the next date
of hearing i.e. on 17th August, 2011. Applications, if any,
for such settlement out of the Court are totally optional on
the part of the petitioners. Rights, if any, of the unwilling
petitioners under Section 11-A of the Act will not be
infringed.
(c) If the petitioners make such applications for settlement
out of the Court with the State or the State authority, the
same will be considered by them in the line of the Uttar
Pradesh Land Acquisition (Determination of Compensation
and Declaration of Award by Agreement) Rules, 1997,
which is commonly known as "Karar Niymawali, 1997".
It is pertinent to note that several applications have been
made either by the respective builders and/or purchasers of
flats and/or the banks for impleadment, which have been
strongly opposed by the petitioners by saying that they can
not be made parties to these writ petitions as in the cases
of land acquisition the land owners and the requiring
bodies, sometime acquiring bodies, are the necessary
parties and not others. On the part of one of the applicants
it is submitted before this Court that as per the Rules of this
High Court any aggrieved or affected party can be treated
to be intervenor in any of the proceedings
 

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