- (1.) The present writ petition has been filed by the petitioners under Article 226 of the Constitution of India making the following prayers: (1) To issue a writ, order or direction in the nature of writ of mandamus commanding the respondents not to make unauthorised construction and encroachment over the petitioners house and Abadi land developing and constructing Ambedkar Rural Chetna Kendra Bhawan, Manyawar Kanshi Ram Rural Pustakalay Bhawan approaching road and park for the village persons over petitioners house and Abadi land situated in village Firozpur Shaikhpur alias Babupur, Pargana Sikandara, Tehsil Phulpur, District Allahabad, not to eject, dispossess, obstruct and interfere with the peaceful occupation and possession of the petitioners over house and abadi plot No. 227 area 0.109 Hectare and plot No. 238 Sa, area 0.246 Hectare situated in village Firozpur Shaikhpur, alias Babupur, Pargana Sikandara, Tehsil Phulpur, District Allahabad. (2) To issue a writ, order or direction in the nature of writ of mandamus commanding the respondents not to change the nature of the land otherwise than in due course of law. (3) To pass such other and further proper and appropriate orders which this Hon'ble Court may deem fit and just in the nature and circumstances of the case. (4) To award costs of this petition in favour of the petitioners against the respondents. It was, inter alia, averred in the writ petition that the petitioners were the owners and landlords of the house and other constructions situated over Plot Nos. 227 and 238, Village Firozpur Shaikhpur alias Babupur, Pargana Sikandara, Tehsil Phulpur, District Allahabad, and the respondents had no right, title over the said Property; and that the respondents in order to implement and execute Dr. Ambedkar and Manyawar Kanshi Ram Rural Development Scheme sponsored by the Government of Uttar Pradesh had started construction work to build "Ambedkar Rural Chetna Kendra, and Children Park, and Link Approaching Road"; and that the respondents had prepared proposals and obtained the approval of the Competent Authority for raising construction; and that the respondent Nos. 2, 3 and 4 gave warning to the petitioners to vacate the house and construction, failing which the petitioners would be ejected and dispossessed from the house and land with the help of local Police and District Administration; and that the respondents in exercise of their powers and authority had not initiated proceedings for acquisition of the petitioner's Residential House, Verandah of the House, Motor Garage House, Latrine, Bathroom, Guest Room and Boundary Wall under the provisions of the Land Acquisition Act, and the respondents had not published Notification under sections 4 and 6 of the Land Acquisition Act.
(2.) By the Order dated 19.2.2008, time was granted to the learned Standing Counsel for filing Counter Affidavit on behalf of the respondents. Counter Affidavit has been filed on behalf of the respondent Nos. 2 to 4. Paragraphs 5, 6, 8, 9 and 11 of the said Counter Affidavit are as under: 5. That the petitioner has filed present writ petition without any basis and the relevant paragraphs of the writ petition have been sworn on the basis of record for that he has not annexed any records regarding any resolution of construction of Ambedkar Rural Chetna Kendra Bhawan, Manyawar Kanshi Ram Rural Pustakalay Bhawan in village Firozpur Shaikhpur alias Babupur, Pargana Sikandara, Tehsil Phulpur, District-Allahabad. In this regard, it is most respectfully submitted that over the land in the possession of the petitioner neither any proposal nor any approval has been given by the competent authority for construction of Ambedkar Rural Chetna Kendra Bhawan, Manyawar Kanshi Ram Rural Pustakalay Bhawan. Hence the writ petition has been filed on invented and incorrect grounds stating therein that the warning has been given to the petitioner to vacate the house and land in question while neither any warning nor threatening was given to the petitioner to vacate/land in question nor any threatening was given to the petitioner by the respondent-authorities for ejectment and dispossession of the petitioner from his house. In fact, the petitioner has filed instant writ petition on false and frivolous grounds only with a view to malign the respondents in the eyes of this Hon'ble Court. Hence the instant writ petition is liable to be dismissed on this ground alone. 6. That the contents of paragraph 1 of the writ petition are matters of record. However, it is stated that neither any proposal nor any approval has been given by the competent authority for construction of Ambedkar Rural Chetna Kendra Bhawan, Manyawar Kanshi Ram Rural Pustakalay Bhawan. Hence the petitioner is not entitled to get similar order from this Hon'ble Court. 8. That in reply to the contents of paragraph 5 of the writ petition, it is submitted that no interference has been caused in peaceful possession of the petitioner nor any action has been taken to demolish the house of the petitioner nor any illegal action has been taken against the petitioner in order to evict or dispossess him. 9. That in reply to the contents of paragraphs 6 and 7 of the writ petition, it is submitted that over the land in the possession of the petitioner neither any proposal nor any approval has been given by the competent authority for construction of Ambedkar Rural Chetna Kendra Bhawan, Manyawar Kanshi Ram Rural Pustakalay Bhawan. Hence the writ petition has been filed on invented and incorrect grounds stating therein that the warning has been given to the petitioner to vacate the house and land in question while neither any warning nor threatening was given to the petitioner to vacate/land in question nor any threatening was given to the petitioner by the respondent authorities for ejectment and dispossession of the petitioner from his house. The averments to the contrary are incorrect hence denied. 11. That the contents of paragraph 9 of the writ petition are not admitted and in reply, it is submitted that the correct fact has already been given in preceding paragraphs of this affidavit. Further in this respect it is necessary to point out here that there is no proposal made for construction of Ambedkar Rural Chetna Kendra Bhawan, Manyawar Kashi Ram Rural Pustakalay Bhawan over the land of the petitioner any the respondent-authorities have not taken any action to dispossess or eject the petitioner from his house/land and the petitioner has filed present writ petition only on the basis of imagination and apprehension without any legal basis hence the instant writ petition is liable to be dismissed.
(3.) The petitioners have filed Rejoinder Affidavit in reply to the said Counter Affidavit.;