- (1.) WE have heard Shri B.P. Shukla, Learned Counsel for the petitioner. Learned Standing Counsel appears for the State respondents.
(2.) THE petitioners were recorded as tenure holder of plot No. 407 area 3 bigha 15 biswa 10 biswansis situate in Village Tenduvan, Pargain Arail, Tehsil Karchana, Distt. Allahabad. They have filed a copy of the Khatauni (record of rights) of the year 1397 F to 1402F in which they were recorded as bhumidhars. The competent authority under the Urban Land Ceiling declared plot No. 407 measuring 7433.69 sq. mtrs. out of plot No. 407 as surplus land by order dated 13.1.1982. The remaining area of 6 biswa 13 dhoor continued to be recorded in the name of the petitioners.
(3.) ON the repeal of the Urban Ceiling Act, the writ petition No. 50737 of 2002 was filed by the petitioner in which status quo order was passed on 27.11.2003. The writ petition was finally decided on 2.5.2005 in terms of Chavi Nath's case and the matter was remanded to the District Magistrate, Allahabad to find out whether the petitioner is still in possession of the land, and whether in such case the proceedings of urban ceiling would have abated. It is submitted by Learned Counsel for the petitioners that 6 biswa 13 dhoor land of the petitioners out of the same plot area 0.071 hects. was illegally transferred by the State in favour of the defence department, in exchange for the land taken from the defence department for construction of approach road to the New Yamuna Bridge, constructed by the National Highway Division -1, Allahabad for which a large part of land was acquired for Public Works Department by a notification issued under the Land Acquisition Act, 1894, and for which compensation was paid to the tenure holders by the Special Land Acquisition officer (Joint Organisation), Allahabad.;