JUDGEMENT
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(1.) Heard learned counsel for the
parties.
(2.) This is yet another case which has
come up before us where the land of the
petitioners has been taken over by the Government
without following the procedure of
the Land Acquisition Act or,any other statutory
enactment.
(3.) Article 300-A of the Constitution
states :
"No person shall be deprived of his property
saved by authority of law".
The petitioners have alleged in paragraph
3 of the writ petition that they are
bhumidhars of the land in question. In paragraph
2 of the writ petition it has been stated
that the land in question has not been acquired
or requisitioned by the respondents
under the provisions of the Land Acquisition
Act or the U. P. Rural Development
(Requisitioning of Land) Act, 1947 and no
notification was issued under the provisions
of the Land Acquisition Act or other enactment.
In paragraph 5 of the writ petition it
is alleged that similar type of action of taking
possession of the land of agriculturists
without acquiring the land under the Land
Acquisition Act or requisitioning it under the
U. P. Rural Development (Requisitioning of
Land) Act had been taken in the proof by
the respondents. This fact has been admitted
in paragraph 9 of the counter affidavit.;
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