DINESH KUMAR & OTHERS Vs. STATE OF U P ,THRU PRIN SECY , REVENUE, & OTHERS
LAWS(ALL)-2018-3-407
HIGH COURT OF ALLAHABAD
Decided on March 27,2018

Dinesh Kumar And Others Appellant
VERSUS
State Of U P ,Thru Prin Secy , Revenue, And Others Respondents

JUDGEMENT

Abdul Moin, J. - (1.) Heard Sri Vivek Raj Singh learned counsel for the petitioners, Sri Madan Mohan Pandey and Sri Mukund Tewari, learned counsels representing respondent-Lucknow Development Authority as well as Sri Shishir Chauhan learned Brief Holder for the State-respondents and perused the original records produced before us by Sri Chauhan.
(2.) By means of the present petition, the petitioners have prayed for the following relief:- "1.Issue a writ, order or direction in the nature of certiorari quashing the notification no.2992/9- AA-3-2000-74LA - 96 Lucknow dated 5th September, 2000 under Section 4 and notification no.657/IX-A-3-2001-74L.A./96 Dated Lucknow February, 2001 under section 6 of the Land Acquisition Act, 1894 in respect of Khasra No.242 situated at Village Makhdumpur, Gomti Nagar Vistar, Lucknow as contained in Annexure No.3 and 4 to the Writ Petition. 2.If the Hon'ble Court is not pleased to grant the first relief as prayed hereinabove, then the Hon'ble Court may kindly be pleased to set-aside the Award dated 21.10.2008 in regard to Khasra Plot No.242 measuring 2 Bigha 12 Biswa 14 Biswansi situated in Village Makhdumpur, Gomti Nagar Vistrar, Lucknow. 3.Issue any other relief which this Hon'ble Court may deem just and equitable in the facts and circumstances of the present case be granted in in favour of the petitioners. 4.The cost of the present petition be allowed in favour of the petitioners."
(3.) During pendency of the petition, the petitioners preferred an application seeking amendment in the writ petition which was allowed by this Court vide order dated 17.12.2014. By means of the said amendment, certain facts and grounds were sought to be amended which pertain to the petitioners' seeking benefit of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act). However, at the time of arguments, the petitioners have filed a supplementary affidavit dated 7.3.2018 by which it has been indicated that the petitioners do not wish to press their plea of Section 24(2) of the 2013 Act in the instant proceedings and that they pray that their plea regarding challenge to the impugned orders/notifications on other legal grounds which existed in the year 2010 i.e. at the time of filing of the instant writ petition be heard. Consequently, we are proceeding to hear the matter on the grounds taken by the petitioners in the writ petition except on the facts and grounds of Section 24(2) of the 2013 Act.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.