- (1.) The petitioners claim themselves to be the recorded tenure holders of the said land situate in Village Barra Tehsil and district Kanpur Nagar.
(2.) This writ petition was filed in the year 2004 praying for a mandamus restraining the Kanpur Development Authority, the respondent no.2 herein, from executing any new plan or raise constructions over the land, the details whereof are given in paragraph no.3 of the writ petition. Further prayer has been made not to allow the said Authority to allot the land to any other person and further that the powers under Section 17 of the U.P. Urban Planning and Development Act, 1973 may be exercised by the Competent Authority for restoring back the land to the petitioners as it has not been utilized till date inspite of having been acquired for the Kanpur Development Authority.
(3.) Vide order dated 18.09.2004 the respondent was granted one months' time to file a counter affidavit. The State respondent no.1 has not filed any counter affidavit till date. The respondent no.2 has filed a counter affidavit dated 28.05.2017 stating therein that the plots in dispute were acquired under notifications issued under Chapter XIV of the Nagar Mahapalika Adhiniyam, 1959 (U.P. Act No.II of 1959) that were published in the Gazette on 28.04.1962 and 05.10.1963.;