509 ARMY BASE WORKSHOP WORKERS COOPERATIVE HOUSING SOCIETYLTD Vs. DISTRICT MAGISTRATE AGRA
LAWS(ALL)-2004-3-165
HIGH COURT OF ALLAHABAD
Decided on March 10,2004

Army Base Workshop Workers Cooperative Housing Society Ltd. Appellant
VERSUS
DISTRICT MAGISTRATE, AGRA Respondents

JUDGEMENT

M. Katju, J. - (1.) -Heard learned counsel for the parties.
(2.) IT has been alleged in the writ petition that the land in question was acquired under the Land Acquisition Act for the residential purpose of members of the petitioners' society. The entire area of land acquired was 32 bigha 4 biswa, and the society paid the amount for the said land, and possession was delivered to the petitioners on 26.8.1983. Out of the aforesaid plot the petitioners carved out 265 plots for residence of the employees/members belonging to the defence personnel who are the members of the petitioner society. The society developed the entire colony and over plot Nos. 90/A and 90/B the society was going to construct shopping centre as well as the Union Office of the petitioners. It is alleged in para 14 of the petition that in the night of 11/12.4.1996 the petitioner No. 2 was informed that a statue of Baba Ambedkar had been kept in these two plot Nos. 90/A and 90/B. The petitioner No. 2 accordingly made complaint to the police and the police came and removed the statue of Baba Ambedkar on 12.4.1996. Thereafter on 13.4.1996 a mob of members of the Jatav community collected at the place over these plots and made gherao of the police and blocked the road and threw stones.
(3.) IT is alleged that thereafter again members of the Jatav community encroached upon the land, and on 16.9.1997 the Nagar Nigam, Agra, forcibly constructed the boundary wall on these two plots. The petitioners approached the District Magistrate and the Superintendent of Police, Agra, to remove the boundary wall but to no avail. The petitioners made several representations to the District Magistrate and other authorities but nothing was done.;


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