R.A.SHARMA, J. - (1.) Petitioner No. l is a registered Society which runs Intermediate and Degree Colleges in Sirsa district, Allhabad. These two colleges have been impleaded as petitioners Nos. 2 and 3. Both the colleges are owners of plots Nos. 416/ 2, 417/ 2, 418/2, 419/2, 449/3, 538, 539, 540, 541/1 and 2, 415/2, 536/2, 537/2, 537/1,420, 421, 542 and 543, situate in village Chhatwa Pargana, Khairagarh, Tahsil Meja, District Allahabad. In 1985 the officials of Public Works Department, Allahabad started digging earth in the aforesaid plots for construction of road which was objected to by the petitioners. But when respondents did not stop construction of the road over those plots they filed this writ petition before this Court in which an interim order was passed on 25-3-1985, directing the respondents not to construct any road on the land of the petitioners, unless proceedings for acquisition or requisition of the said land have taken place. This order was subsequently confirmed.
(2.) Respondents have filed counter-affidavit and the petitioners have filed rejoinder affidavit in reply thereto. We have heard learned Counsel for the parties.
(3.) Respondents in their counter-affidavit have not disputed the fact that the plots in question belong to the petitioners and those plots have not been acquired by them under any law. However in paragraphs 6, 7, 8 and 10 of the counter-affidavit it has been stated that before construction of the road the Gram Pradhan of village Chhatwa and local representative of the Consolidation department of the Government were called and it was decided to construct the road under Sectorial Rural Landless Employment Guaranteed Programme subject to payment of compensation to the land owners after their land is acquired. It is also stated that road was being constructed with the consent of the land owners. But there is no averment that the respondents have taken permission from the petitioners. Petitioners in their rejoinder affidavit have denied the allegations made in the counter-affidavit and have specificallystated that neither any consent was taken from them nor have they given any consent or understanding for construction of the road over their plots.;