Abdul Moin, J. - (1.) Heard Sri Asit Chaturvedi, learned Senior Advocate assisted by Sri Shireesh Kumar, learned counsel for the petitioners in all the three petitions, Sri Shailendra Singh Chauhan, learned Additional Chief Standing Counsel for the State-respondents in all the three petitions, Sri M.M. Pandey and Sri Shobhit Mohan Shukla, learned counsels for the Lucknow Development Authority in Writ Petition (L/A) Nos.6107 of 2016 and 6108 of 2016 and Sri Mukund Tiwari, learned counsel representing the Lucknow Development Authority in Writ Petition (L/A) No.14345 of 2017. We have also perused the original record of the above three cases produced by Sri Chauhan, learned Additional Chief Standing Counsel.
(2.) In all these writ petitions, the petitioners are seeking the benefit of Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as the Repeal Act, 1999) on common grounds set out in the petitions. As common questions of law and facts are involved in all the petitions, we are proceeding to decide the same by a common judgment. For the sake of convenience, we are taking the facts of leading writ petition namely Writ Petition (L/A) No.6107 of 2016 inre: Guddi vs. State of U.P. and others).
(3.) The facts of the case as set forth in the said writ petition are that late Chheda was the owner of Gata No.2260 having area 6545.81 square meters situated in Village Ujarion, Tahsil Sadar, District Lucknow. Upon the death of Chheda, the land devolved upon his daughter Guddi, the petitioner. On 17.2.1976, the State Government notified the U.P. Act No.33 of 1976 namely the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the 1976 Act) with the object to provide for imposition of a ceiling on vacant land in urban areas and for the acquisition of such land in excess of the ceiling limit. On 20.9.1976, the Competent Authority under the 1976 Act issued a notification providing that under Section 10(1) of the 1976 Act, the surplus land of the petitioner mentioned in the schedule is to be acquired by the State Government. On 21.9.1978 the Competent Authority issued notification under Section 10(3) of the 1976 Act notifying that the land stands acquired by the Government of U.P. and after publication of the notification the said land would be free from all encumbrances and shall vest with the State Government. Copy of notification dated 21.9.1978 is Annexure-2 to the writ petition.;