BABA BHARAT LAL Vs. STATE OF U P THROUGH SECRETARY DEPARTMENT OF URBAN
LAWS(ALL)-2012-4-100
HIGH COURT OF ALLAHABAD
Decided on April 27,2012

BABA BHARAT LAL Appellant
VERSUS
STATE OF UTTAR PRADESH THROUGH SECRETARY DEPARTMENT OF URBAN Respondents

JUDGEMENT

- (1.) We have heard Shri M.D. Misra, learned counsel appearing for the petitioner. Learned Standing Counsel appears for the State respondents. Shri Ramesh Upadhyay appears for Motilal Nehru National Institute of Technology, Allahabad (for short 'MNNIT').
(2.) This writ petition is directed against the order dated 11.10.1997 passed by the Competent Authority, Urban Land Ceiling, Allahabad under Section 10 (5) of the U.P. Urban Land (Ceiling and Regulation) Act, 1973, giving directions to Shri Mahanta Baba Sitaram Das, resident of Bhagwan Ashram, Shivkuti, Allahabad to hand over possession of plot nos. 59 and 63 (part) area 4510.19 square meters within 30 days. The petitioner has also prayed for directions to the respondents not to interfere in the peaceful actual physical possession of the petitioner on Gata nos. 59 and 63.
(3.) The writ petition was filed on 01.9.2008 with a delay of ten years and 236 days from the date of issuance of the notice sought to be quashed. An amendment application was filed on 2.4.2010 for adding a few grounds after ground no. XI, and a prayer as follows: "(a) -1- to issue a direction to the respondent to produce the entire record regarding acquisition of plot no. 59 and 63 of Village Chilla, Tehsil Sadar, District Allahabad and to strike down the entire acquisition proceedings pursuant of the notification U/s 6/17 No. 1904-R-128-D-383-R-37 dated 12.10.66 published in the Gazette dated 20.10.66 including the notification itself and the alleged award dated 20.7.70 and to award the compensation as contemplated U/s 48 of the Land Acquisition Act.";


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