- (1.) Heard learned Counsel for the petitioner, Sri Gopal Kumar Srivastava, learned Standing Counsel for the State-respondents and Sri Ratnesh Chandra, learned Counsel representing respondent Nos.2 and 4.
(2.) The submission of learned Counsel for the petitioner is that the total area of plot No.320 is 1 Bigha 18 Biswa. Out of this total area, 1 Bigha 17 Biswa was acquired by the Awas Vikas Parishad in 1983-87. The petitioner alleges to be the purchaser of part of 1 Biswa left unacquired in the year 2003 and on the said land, he has raised certain constructions. It is the specific case of the petitioner that his possession and constructions are part of 1 Biswa land, not acquired out of plot No.320. He next submitted that despite this, the Awas Vikas Parishad has been repeatedly issuing notices for demolition of the constructions of the petitioner.
(3.) Sri Ratnesh Chandra, learned Counsel for Awas Vikas Parishad submits that the said facts would be verified by the competent authority of the Awas Vikas Parishad and in case the petitioner's contention is found to be correct, the Parishad would not have any claim over the said land or the constructions. However, if the contention is not found to be correct, the Awas Vikas Parishad may be permitted to get the illegal and unauthorized constructions removed.;