Udai Krishna Dhaon, Rakesh Sharma, JJ. - (1.) HEARD Sri D.C. Mukherjee, Dr. R.K. Srivastava and Sri R.K. Sharma, learned Counsel for the petitioners and Sri R.K. Mehrotra, learned Counsel appearing on behalf of U.P. Avas Evam Vikas Parishad. As the common questions of facts and law are involved in these writ petitions, they are being disposed of by a common judgment and order.
(2.) THE petitioner of Writ Petition No. 2798 of 1980 has alleged that he is the owner of Plot Nos. 237 and 239 situated at Chhaoni Gora Barrack, Sitapur. The petitioners of Writ Petition No. 2848 (MB) of 1980 have alleged that petitioner No. 1 is the owner of Plot No. 10 on the basis of registered sale deed dated 16.5.1972, petitioner No. 2 has alleged that he is the owner of Plot No. 5 through registered sale deed dated 12.5.1972, petitioner No. 3 has alleged that he is the owner of plot No. 6 through registered sale deed dated 12.5.1972, petitioner No. 4 has alleged that he is the owner of part plot No. 4 through registered sale deed dated 12.5.1972, petitioner No. 5 has alleged that he is the owner of plot No. 8 through registered sale deed dated 16.5.1972 and petitioner No. 6 has alleged that he is the owner of plot No. 3 through registered sale deed dated 26.5.1972. All the aforesaid plots are alleged to be situated at Chhaoni Gora Barrack, Sitapur. The petitioners of Writ Petition No. 363 of 1982 have alleged that they are owner of part of Khasra plot No. 238, survey plot No. 68 and municipal No. UF 265/5 situated at Chhaoni Gora Barrack, Sitapur. Petitioner of Writ Petition No. 68 (MB) of 1983 has alleged that he is the owner of part of Khasra No. 238, Survey Plot, No. 68 and municipal No. UF 265/5 situated at Chhaoni Gora Barrack, Sitapur. Petitioner of Writ Petition No. 4148 of 1985 has alleged that he is the owner of plot Nos. 237 and 239 situated at Chhaoni Gora Barrack, Sitapur. A notification under section 28 of the Avas Evam Vikas Parishad Adhiniyam dated 1.11.1974 was published in newspapers on 14.12.1974 in which area falling in following boundaries were shown to be acquired: - - North - -Plot Nos. 236 and 382 of Chhaoni Qadeem. South - -Plot Nos. 372, 370 and 380 of Chhaoni Qadeem. East - -Plot Nos. 343, 378 and 361 of Chhaoni Qadeem. West - -Plot Nos. 243, 240, 241 and 242 of Chhaoni Qadeem.
(3.) NOTICES under section 29 of Avas Evam Vikas Parishad Adhiniyam were received by the petitioners and thereafter the petitioners filed separate objections before the competent authority stating inter alia that the land of the petitioners is situated at Chhaoni Gora Barrack, Sitapur and not in Chhaoni Gora Barrack, Qadeem and the notification is not applicable to the petitioners' land. The petitioners have also alleged that notices under section 9 of the Land Acquisition Act were served upon the petitioners and thereafter objections was filed by the petitioners mentioning therein that the notification does not relate to the land of the petitioners and it is in respect to the land situated at Chhaoni Gora Barrack, Qadeem and, therefore, the Special Land Acquisition Officer has no jurisdiction to proceed further in respect to the land in dispute. The objections preferred by the petitioners were heard by the Niyojan Samiti and thereafter the scheme was submitted to the State Government by the Board which was sanctioned by the State Government under section 31(2) of the U.P. Avas Evam Vikas Parishad Adhiniyam on 13.6.1978. The sanctioned scheme was published in the U.P. Gazette on 11.11.1978. The State Government thereafter issued orders under section 7 of the Land Acquisition Act on 31.5.1979 and notification under section 17 of the Land Acquisition Act on 22.2.1980. The U.P. Avas Evam Vikas Parishad Lucknow, thereafter issued a corrigendum dated 25.9.1980 in respect of the notification under section 28 of the U.P. Avas Evam Vikas Parishad Adhiniyam which was published in the U.P. Gazette dated 4.10.1980 and in the said corrigendum, it was mentioned that Village Chhaoni Gorabari may be read in place of Chhaoni Qadeem wherever it appears in the notification mentioned above and the said correction will be deemed to be effective in respect of the notification published under section 32 in the U.P. Gazette dated 11.11.1978.;