- (1.) Heard Shri Shashi Nandan, learned Senior Advocate assisted by Shri Santosh Kumar Srivastava, learned counsel for the petitioner, Shri Pradeep Kumar Tripathi, learned Advocate holding brief of Shri M.C. Tripathi, learned counsel for the respondent No.1 and the learned Standing Counsel for the respondent no.2.
(2.) Present writ petition has been filed challenging the order dated 28.1.1995 passed by the Sub-Divisional Magistrate Kanpur, order dated 24.8.95 passed by the Commissioner Kanpur Division, Kanpur and order dated 4.11.2003 passed by the Board of Revenue, Lucknow.
(3.) The brief facts of the case are that land in dispute,namely, Khasra nos. 824, 825, 826, 827, 828, 829 and 832 measuring area one Bigha ten Bishwa situated in village Daneli Sujanpur, Village Mohal Chandrikprasad, Teshil & Pargana Kanpur was originally a 'Sirdari' land of one Smt. Shakuntala Devi. Smt. Shakuntala Devi acquired Bhumidhari rights by depositing ten times of the land revenue on 28.11.1952. Smt. Shakuntala Devi executed a sale deed dated 31.3.1953 in respect of land in question in favour of one Shri Shamsher Singh Sarraf,which was registered on 1st April 1953. Shri Shamsher Singh Sarraf moved an application on 3.9.1962 under section 143 of U.P. Z.A. and L.R. Act (hereinafter referred to as the 'Z.A. Act') for declaration of land as Abadi. The land was declared as Abadi by order dated 31.7.1963 passed by the Assistant Collector Ist Class,incharge,Kanpur Sub-Division, Kanpur in Misc. case no. 148 of 1962. The declaration under Section 143 of Z.A. Act has been registered with Sub-Registrar on 7.9.1963 under the Registration Act as per provision of Section 145 of Z.A. Act. Copy of the declaration made in favour of Shri Shamsher Singh Sarraf is on record as annexure -1 to the Writ Petition. Shri Shamsher Singh Sarraf vide sale deed dated 28.2.1970 registered on 15.5.1970 transferred and handed over possession of the land in dispute in favour of petitioner-society. After purchasing the said plots, Society submitted layout plan for the purpose of development to the Kanpur Development Authority. For the purposes, the development work to be carried out, the petitioner- society had entered into an agreement with Kanpur Development Authority and deposited sum of Rs. 9 lacs as demanded by it.;