SAHYOG A SOCIETY REGISTERED Vs. STATE OF U P
LAWS(ALL)-2009-5-506
HIGH COURT OF ALLAHABAD
Decided on May 14,2009

SAHYOG, A SOCIETY REGISTERED Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Dilip Gupta, J. - (1.) IN this Public INterest Litigation, prayer of the petitioner is as follows : "i. Issue a writ, order or direction in the nature of mandamus commanding the respondents to give appointment to the land oustees and dehousees whose land and houses have been acquired by the respondents for Anpara Thermal Power Project, within a reasonable time. ii. Issue a writ, order direction in the nature of mandamus commanding the respondents to compensate the land oustees and dehousees of said project for not giving appointment within reasonable time alongwith other land oustees/dehousees and for increasing the sufferings of the remaining land oustees/dehousees and there families. iii. Issue a further writ, order or direction to the respondents to grant same and similar benefits as was granted by Hon'ble Supreme Court in the case of Banwasi Sewa Ashram, AIR 1987 SC 374 to the Adiwasis/land oustees affected from Anpara Project of the respondent 6." By way of an amendment, following prayer has been sought to be added, which is as follows : "E. That prayer 1 (A) be added as follows in the prayer clause: "1(a) Issue a writ, order or direction declaring the First Proviso added by amendment dated 07.02.1994 in regulation 4 by 'Uttar Pradesh Parivar Ke Sadasya Ki Niyukti (Pratham Sansodhan) Viniyamavali 1994. (Annexure 10) to be inoperative and ultra virus or at any rate not applicable to the petitioners." Although from the pleading it is difficult to ascertain exactly that when the lands were acquired, but Mr. V.K.S. Chaudhari, Senior Advocate, appearing on behalf of the petitioner submits that these lands were acquired during the period 1978 to 1984. IN the present Public INterest Litigation, neither we are inclined to adjudicate the claim of the persons allegedly dispossessed from their houses nor for granting them appointment or compensation. However, this will not preclude the individual dispossessed from house in taking recourse to such proceeding, as is permissible in law. Writ petition is dismissed with the observation aforesaid.;


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