H.C.P.Tripathi, J. - (1.) This petition raises a question about the interpretation of Sections 358 and 554 of the U.P. Nagar Mahapalika Adhiniyam, 1959. The petitioner owns 1/48 share in building No. D 58/16 situate in a portion of plot No. 77 within the limits of Nagar Mahapalika, Varanasi. His name finds place on the list of assessment of Mahapalika as one of the owners of the building. A scheme known as Chakla Bag Development Scheme was framed under the Low Income Group Housing Scheme by the Mahapalika and after undergoing the necessary formalities and obtaining the approval from the Town and Village Planner, the aforesaid building and the land together with other land and buildings were to be acquired in pursuance of that scheme. The Scheme was published as contemplated by Section 357 of the Act in the U.P. Gazette of 14.10.61 notifying that the aforesaid building and land were to be acquired for the implementation of the scheme. Notice of the proposed acquisition was also served on the owners of the building and land to be acquired, as contemplated under Section 358 of the Act and after the disposal of their objections the scheme was finally sanctioned by the Mahapalika. The papers were handed over to the Land Acquisition Officer, Varansai for the acquisition of the land and the house in question.
(2.) The petitioner contends that though his name is in the assessment list of the Mahapalika in respect of the aforesaid building, no notice was given as required under Section 358 of the Act and, therefore, all the proceedings for the acquisition of the land stand vitiated.
(3.) In the counter-affidavit it has been asserted that the notice as required by Section 357(2) of the Act was published. Individual notices of the proposed acquisition were also sent to every person as recorded in the Mahapalika Assessment List. So far as the house No. D 58/16 is concerned, the petitioner is one of the several co-owners of the house and the procedure prescribed by Section 554 (3)(a) of the Nagar Mahapalika Adhiniyam was followed as regards the mode of service. "The notice under Section 358 of the Act in the name of Sri Manmohan Das Shah and others was served on 2.12.1961, on one of the co-owners. Objections were filed by Sri Manmohan Das Shah on 13.2.1962.... and the objection was rejected by the Development Committee on 17.8.62 after hearing the objectors. "It has been further asserted that "it is denied that the petitioner remained in complete ignorance of the proceedings. Some of the co-owners viz., Sarvasri Manmohan Das Shah, Jai Krishna Das Shah and Sri Jiwan Das Shah in fact filed objections.";