MAHADEO (D) THROUGH LRS Vs. STATE OF U.P
LAWS(SC)-2013-4-32
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on April 08,2013

Mahadeo (D) Through Lrs,Bimal Chand Jain (D) Through Lrs. Appellant
VERSUS
STATE OF U.P Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) These appeals are directed against the orders dated 2.12.2009 passed by a Division Bench of the Allahabad High Court in Civil Misc. Writ Petition Nos. 7748 of 2002 and 21407 of 2002 whereby the writ petitions filed by the appellants herein were disposed of with a direction to respondent No. 4 Meerut Development Authority to press its resolution dated 17.09.1997 if the said Authority is not in need of the land so acquired and the orders dated 9.4.2010 whereby the review applications filed against the orders dated 2.12.2009 in the said writ petitions were rejected.
(3.) The facts of the case lie in a narrow compass. The appellants filed the aforementioned writ petitions seeking the following reliefs: i. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 to accept the proposal for withdrawing from acquisition in view of the resolution dated 17.9.97 submitted by the Meerut Development Authority at the earliest within a period to be fixed by this Hon'ble Court. ii. Issue a writ, order or direction in the nature of certiorari quashing the entire land acquisition proceedings in pursuance of the notification u/s 4 dated 27.1.1990 and declaration u/s 6 of the Act dated 7.3.90. ii-a. Issue a writ, order or direction in the nature of certiorari quashing the order/decision communicated by letter dated 24.08.2002 (Annexure-16 to the writ petition). iii. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to dispossess the petitioners from their respective lands forcibly in pursuance of the acquisition for declaration was issued u/s 6 of the Act on 6.3.90. iv. Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the damages for financial loss, mental agony and pain to the petitioners in view of section 48(2) of the Act. v. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. vi. Award cost of the writ petition to the petitioners." ;


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