Court No. - 29
Case :- WRIT - C No. - 14909 of 2018 Petitioner :- Raja Ram And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Singh Counsel for Respondent :- C.S.C.,Devi Prasad Mishra
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
This petition for writ is before us to have an appropriate writ, order or direction for Allahabad Development Authority not to interfere in the petitioners' right or enjoyment in any manner whatsoever over plot no.- 560-C. A direction is also sought to pay compensation in a tune of Rs. 1,00,000/- against the damage caused by demolition of boundary of the plot aforesaid.
As per learned counsel appearing on behalf of the petitioner, the Allahabad Development Authority is having no right to interfere with possession of the petitioners over plot no. 560-C. It is stated that the land in question was subject matter of land acquisition proceedings initiated as per notification dated 12 November 1987. A challenge was given to the proceedings and that came to be succeeded under a judgement dated 28 May 1999 passed by this Court in Writ Petition No.- 2720 of 1988 ( Ram Pratap and others Vs. State of U.P.). A Special Leave Petition bearing no. 012641 of 1999 preferred by the Allahabad Development Authority also came to be rejected on 30th March 2005. It is asserted that in view of the judgement of this Court that came to be affirmed by the Supreme Court, the Allahabad Development Authority is having no right to interfere with possession of the petitioner over the plot concerned.
Per contra, as per learned counsel appearing on behalf of Allahabad Development Authority, the facts stated in the petition are absolutely false and a deliberate effort has been made to mislead the Court by concealing material fact and by pleading false facts. It is stated that being aggrieved by the judgement dated 28 May 1999, the Allahabad Development Authority preferred a Special Leave Petition before the Hon'ble Supreme Court and that was granted, accordingly, a Civil Appeal bearing no. 5061 of 1999 was registered. The appeal came to be disposed of under an order dated 30 March 2005 in light of settlement arrived between the parties. An affidavit was filed on behalf of Allahabad Development Authority before the Hon'ble Supreme Court stating therein that an area of 3 bighas 12 biswas was offered to the private respondents which they accepted. It is urged before us that plot no. 560-C was not part of the area referred in the affidavit filed before the Apex Court.
Learned counsel appearing on behalf of the petitioners at this stage submits that that the petitioners were neither party to the writ proceedings nor to the Special Leave Petition preferred by the Allahabad Development Authority before the Supreme Court is relating to them, and as such they were not aware about the facts stated. Further, that the averments with regard to the dismissal of the Special Leave Petition are mentioned in this petition for writ on basis of the status report availed from the website of the Supreme Court.
Having considered all the facts of the case, we are of the considered opinion that a deliberate effort has been made to mislead the Court by the petitioners. The petitioners, if were not party to the writ proceedings and also to the Special Leave Petition then there was no occasion to refer the details of these proceedings in this petition for writ. These details are given only with a view to mislead the Court. As a matter of fact, by not challenging the land acquisition proceedings, the petitioners accepted the land acquisition, hence they are not having any right to make claim on plot no. 560-C.
Be that as it may, even if it is assumed that the notification under Section 4 and 6 read with Section 17 of the Land Acquisition Act, 1894 was quashed in entirety by the Court in the writ petition preferred by some other petitioners then the fact stated by the petitioner that Special Leave Petition was dismissed by the Supreme Court is also incorrect. The fact given in the petition is quit definite about dismissal of the Special Leave Petition but is admittedly wrong.
In view of whatever stated above, we are having no doubt that the petitioner has made a deliberate effort to mislead the Court by pleading wrong facts. While deprecating the conduct of the petitioner, the petition for writ is dismissed with cost of Rs. 21,000/-.
The cost is required to be deposited by the petitioner with the Allahabad High Court Legal Aid Committee within one month from today. In the event of failure to do so, it shall be open for the Office to recover the same as dues of land revenue.
Order Date :- 25.4.2018 A. V. Singh (Jayant Banerji,J.) (Govind Mathur,J.)