- (1.) Nagar Nigam Aligarh through its Mukhya Nagar Adhikari, Mukhya Nagar Adhikari, Nagar Nigam Aligarh, and Property Officer, Nagar Nigam Aligarh, the three petitioners, have filed the present writ petition under Article 226 of the Constitution of India, seeking the following reliefs : a) to issue a writ, order or direction in the nature of certiorarl, calling for the records of the case and quashing the Judgment and order dated 1 -5-2002 (Annexure1 to the writ petition) : b) to issue a writ, order or direction in the nature of certiorari, calling for the records of the case and quashing the judgment and order dated 18-4-2001 (Annexure2 to the writ petition). c) to issue a writ, order, or direction in the nature of prohibition restraining the respondents from filling up the land with mud or in any way changing the nature of the land. d) to issue any other, order, or direction, which this Honble Court may deem fit and proper in the facts and circumstances of thecase. d) to allow this petition with costs.
(2.) By the order dated 18-4-2001, the learned Civil Judge, Aligarh had allowed the application for grant of temporary injunction and had restrained the defendants-pe-titioners-herein, from interfering in the peaceful use and occupation of the plaintiffs over the land which is subject-matter of the suit and by the order dated 1-5-2002, passed by the Special Judge, Aligarh the appeal filed against the order dated 18-4-2001 had been dismissed.
(3.) Briefly stated facts giving rise to the present petition are that according to the petitioners 75.2 acres (131 Bighas and 12Biswas) of the land was acquired for private drainage system of the city of Aligarh. The notification under Section 4 of the Land Acquisition Act was published on 14-5-1958. The provisions of Section 5-A was dispensed with vide notification issued under Section 29 (1) of the aforesaid Act. According to the petitioners, the possession of the land was taken over and delivered to them on 18-4-1959 . in respect of 114 Bighas 18 Biswas only. The proceedings for the land acquisition was challenged by the tenure holders before this Court, in Civil Misc. Writ Petition No. 1346 of 1959, which was dismissed vide judgment and order dated 27-1-1965.;