- (1.) SHRI Narayan Shukla, J. This writ petition by three individual members of Yug Nirman Sahkari Awas Samiti Ltd. , has been filed challenging the acquisition of their land under the provisions of the Land Acquisition Act. The impugned notification issued under section 4 of the Act is dated 5. 3. 1992 and the declaration under section 6 is dated 2. 4. 1993. The petitioners also pray for quashing the possession certificates dated 23. 12. 1994 and 24. 12. 1994.
(2.) SHORN of unnecessary details, the Society itself filed a writ petition bearing number 5219 (MB) of 1993, challenging the said notifications. This writ petition was dismissed in default on 20. 4. 1995. The same was restored on 26. 4. 1995 but again on 12. 8. 2003, the same has been dismissed in default and the interim order has been va cated. The petitioners allege that they could not know about the order of dis missal of the writ petition in default on 13. 8. 2003 and it was only on 29. 11. 2007 i. e. after more than four years that the Lucknow Development Authority itself allegedly allotted some plots selectively to other members and, therefore, the petition ers also pray that they should also be given residential plots, as other members have been allotted in Gomti Nagar, though without disclosing as to who are those members, who have been allotted the plots. The petitioners have also moved some representation to the State Govern ment for alternative allotment of plots.
(3.) SRI Sudhir Pandey for the Lucknow Development Authority, SRI Shailendra Singh Chauhan for the Nagar Nigam and SRI Navneet Agarwal for the State raised a common preliminary objec tion that writ petition by the members of the Society, who had already filed a writ petition, cannot file individual writ peti tions, after the said" writ petition stands dismissed, either on merits or in default. Further objection is that the notifications of the year 1992 and 1993 cannot be allowed to be challenged after such a long period and the petition deserves to be dismissed on this ground alone. It is also on record that possession was actually taken by the Lucknow Development Authority in the year 1994 itself, as the petitioners have also made a request for setting aside the possession certificates is sued in that very year.;