- (1.) Heard Sri Manish Goyal, learned counsel for the petitioner and learned Standing counsel on behalf of respondent nos. 1 and 2, Sri M.C. Chaturvedi learned senior counsel assisted by Sri Shivam Yadav learned counsel on behalf of respondent no. 3.
(2.) Petitioner before this Court seeks mandamus commanding respondents not to dispossess the petitioner from the land in dispute and for declaring the land acquisition proceeding in respect of plot No. 731 measuring 1.178 hectares and plot no. 760 measuring 0.569 hectare situated in Village Singhpur Kachhar, Kanpur Nagar (hereinafter referred to the disputed land) illegal. The amendment application has been filed which shall be decided at the later stage.
(3.) The facts in short leading to the present writ petition reads as follows. The aforesaid disputed land is claim to belong to a society duly registered under the Societies Registration Act. The society alleged to have been involved in establishing and running educational institutions. The disputed land was subject matter of Notifications under Section 4 (1) read with Section 17 of the U.P. Land Acquisition Act, 1894 dated 7.09.1996 and under Section 6(1) of the Act dated 17.12.1997. The petitioner was not aggrieved by the said notification and did not challenge or question the same at any point of time. According to the material available on record the petitioner in fact accepted 80% of the compensation in respect of the said acquisition without protest.;