Chief Justice's Court
Case :- WRIT - C No. - 27840 of 2018 Petitioner :- Bhola And 5 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Siddharth Shankar,Satish Chandra Mishra Counsel for Respondent :- C.S.C.,Devi Prasad Mishra
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr S C Mishra, learned counsel for the petitioners and Mr Arun Kumar, learned counsel for the respondent-Development Authority.
The primary prayer made in the writ petition, reads thus:
“i. Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 27.06.2018, issued by Zonal Officer, Allahabad Development Authority, Allahabad by which the land/plot no.71 of the petitioners, situated at Mauza- Chakmaidapatti, Pargana & Tehsil-Sadar, District-Allahabad, has been declared as an illegal possession of land/plot no.71.”
By the impugned order, the concerned authorities sought police help for taking possession of land/plot no.71, situated at Mauza- Chakmaidapatti, Pargana & Tehsil- Sadar, District-Allahabad. According to the respondent-authorities, this plot was acquired in 1977. In support of his contention, he placed a notification under Section 6 of the Land Acquisition Act, 1894 on record, which clearly refers to the land in dispute. The petitioners, on the other hand, have placed heavy reliance upon the award to contend that the possession of plot no.71 was not taken, on the basis of a stray observation made in the relevant paragraph, which reads as “mDr uEcj dk vf/kdkj ugh fy;k x;k gSA”. We have perused the said paragraph very carefully, which clearly mentions that while taking possession of the land, there was no standing crop and, therefore, the land owner was not entitled for compensation. This supports the claim of the respondent-Authority that the land was acquired in 1977 itself, and the compensation was also paid.
In the circumstances, we find no merit in the writ petition. The writ petition is dismissed.
Order Date :- 23.8.2018 RKK/-
(Dilip B Bhosale, CJ) (Yashwant Varma, J)