M.Katju, R.B.Misra, JJ. - (1.) This writ petition has been filed for a mandamus directing the respondents 3 and 4, the U.P. Avas Evam Vikas Parishad and its Joint Development Commissioner, to release from their possession plots No. 651 and 655 in district Agra and specifically to release the alleged places of worship and samadhis belonging to the ancestors of the petitioner.
(2.) We have heard learned counsel for the parties and have perused the affidavits.
(3.) By a notification under Section 28 of the U.P. Avas Evam Vikas Parishad Act, 1965 vide Anncxure-2 to the petition, the respondent No. 3 proposed to acquire about 700 acres of land under its scheme called 'Sikandara Grih Sthan Evam Sadak Yojna. Agra'. The land of the petitioner measuring 24.5 bighas and consisting of about 19 plots also formed part of the area covered by the said notification. Details of the plots are given in paragraph 3 of the petition. On 17.3.1980 the respondent No. 3 issued a notification under Section 32 (1) of the Act vide Annexure-3 to the petition. There were a series of litigations which went up to the Supreme Court and the Supreme Court decided the case on 12.8.1993 vide Annexure-4 to the petition. Thereafter it is alleged that there was delay in the finalising of the proceedings and hence the Supreme Court directed the award to be passed by its order dated 9.7.1999 vide Annexure-7 to the petition. Accordingly, the award was passed on 8.8.1997 vide Annexure-1. A perusal of the award shows that religious places will be kept out of the acquisition.;