SMT. RAVI KUMARI AND OTHERS Vs. THE U.P. AVAS EVAM VIKAS PARISHAD, LUCKNOW AND OTHER
LAWS(ALL)-1988-9-89
HIGH COURT OF ALLAHABAD
Decided on September 22,1988

Smt. Ravi Kumari And Others Appellant
VERSUS
The U.P. Avas Evam Vikas Parishad, Lucknow And Other Respondents

JUDGEMENT

N.N. Mithal, J. - (1.) The short question involved in this writ petition is as to whether the plots in dispute had in fact been acquired for the purposes of Housing Scheme floated by respondent No. 1.
(2.) A notification under Section 28 of U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 was issued on 10.11.1973 and was followed by a notification under Section 32 of the said Act on 10.10.1977. In both these notifications the land sought to be acquired has been given with reference to the boundaries and it is also specified that the map of the area and particulars of the Scheme and details of the land and building etc. proposed to be acquired can be seen at the office of respondent No. 1 and its branch offices at Agra. The petitioners acquired title to plot Nos. 3 and 7 through a sale deed dated 28th August, 1984 that is much after the said notification had been issued. The contention of the petitioners is that these plots are not included within the boundaries as set out in the two notifications. The assertions in this respect made in Paras 5 & 7 of the petition have been categorically denied by respondent No. 1. in Paras 10 & 12 of the counter affidavit. Sri N.L. Gangoli, learned counsel appearing for respondent No. 1 has placed before us the map of the area acquired under the said notification. The western boundary of that area clearly indicates Delhi - Mathura by pass road lies towards is west; plots No. 3 and 7 lie towards east of that road and are obviously included in the area acquired. In view of this we find no merit in this petition which is accordingly dismissed.
(3.) No costs.;


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