- (1.) Heard Sri Niraj Kumar Srivastava, Counsel for the petitioner and Sri A.P.Singh, Counsel appearing for respondents.
(2.) Factual matrix of the case is that the petitioner is the owner in possession of plot Khasra Nos. 569, 572, 573 and 578 by virtue of a registered sale deed dated 20.12.1968 having been executed in the name of the petitioner and his father-in-law late Shri Prem Swaroop. Both were partners in the partnership firm which is under the name and style of M/s Gopal Cold Storage. The father-in-law of the petitioner, since deceased, withdrew from the partnership as a consequence of which all the four plots stood vested in the petitioner who remained the undisputed and sole owner in possession of the said plots till date. Petitioner, who was running a Cold Storage, also started another business under the name and style of M/s Gopal Auto Enterprises in the year 1981 and the said firm is engaged in the business of automobile. In order to start the said business, certain necessary extra construction work is to be done and as such the petitioner applied to Lucknow Development Authority for sanctioning his building plans. The said plans were sanctioned vide permit no. 552-A dated 19.12.1980. When the petitioner was raising the constructions in accordance with the sanctioned plan, the authorities of the Board issued a letter dated 20.5.1981 requiring the petitioner to indicate as to how he had raised the constructions without proper sanction. In response to the said letter, the petitioner vide communication dated 5.6.1981 appraised the Board that the Building plans had been sanctioned by the Lucknow Development Authority. After receipt of the reply so submitted by the petitioner, the Board did not raise any further objection and as such the construction was duly raised and completed as per the plan approved by the Lucknow Development Authority.
(3.) As regards the execution proceedings, learned Counsel for the petitioner submitted that a notification under Section 28 of the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 [hereinafter referred to as the Act] was issued on 20.12.1969 for acquiring the land for the Bastauli-Ghazipur Scheme, Lucknow. On 19.1.1970, notice was issued under Section 29 of the Act inviting objections from the tenure holders, in response to which the petitioner filed detailed objections inter alia to the effect that on the land in question, i.e. plot Khasra Nos.569, 572, 573 and 578, the Cold Storage is already existing in the name and style of M/s Gopal Cold Storage and as such, the aforesaid land may be exempted from acquisition. According to petitioner, after the objections the possession of the land was not taken and from the communication dated 20.6.1988 (Annexure 4 to the writ petition) received from the office of Special Land Acquisition, Lucknow, it was unambiguously mentioned that neither the land in question was acquired nor its possession had been taken. It has also been pointed out further in respect of the said plots that no Award was ever made.;