R.K. Agrawal, J. - (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 certiorari, calling for the records of the case and quashing the judgment and order dated "1,5.2002 (Annexure -1 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 (Annexure -2 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 Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (e) 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 -petitioners -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. Briefly stated facts giving rise to the present petition are that according to the petitioners, 75.2 acres (131 bighas and 12 biawas) 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 5A 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 proceeding 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.
(3.) IT appears that the award was not made and the State Government exercising its powers under Section 48 of the Land Acquisition Act, released a part of the land in favour of the tenure holders. The area of the land which was released by the State Government was about 95 bighas 14 biawas. The petitioners, vide agreement dated 29.11.1973, released the aforesaid land in favour of the tenure holders. Since then, the tenure holders are in possession of their land mentioned in the agreement dated 29.11.1973. In the agreement dated 29.11.1973, it was provided that the land measuring 95 bighas 14 biswas, is being released in favour of the tenure holders and the remaining acquired land measuring 29 bighas 16 biswas shall be in possession of the petitioners. It was further provided that the tenure holders shall pay a sum of Rs. 2,000 per year for use of water in their fields and they shall not be entitled to claim any compensation in respect of the land, which is being released. Further, the tenure holder shall construct on their own cost drains for taking water to their fields.;