SUDARSHAN KUMAR JAIN AND 11 OTHERS Vs. STATE OF U.P. & 2 OTHERS
LAWS(ALL)-2016-11-23
HIGH COURT OF ALLAHABAD
Decided on November 09,2016

Sudarshan Kumar Jain Appellant
VERSUS
STATE OF U.P. Respondents




JUDGEMENT

- (1.)Heard Shri Y.S. Bohra, learned counsel for the petitioners; Shri Sanjay Kumar Singh, learned Standing Counsel for respondent nos. 1 and 2 and Shri B. Dayal for Meerut Development Authority-respondent no.3.
(2.)The present writ petition has been filed for following principal reliefs:-
(i) to issue writ, order or direction in the nature of certiorari quashing the impugned order dated 30.1.2015 passed by respondent No.1 (Annexure No.1 to the writ petition).

(ii) to issue writ, order or direction in the nature of mandamus commanding the respondents to release the land in question of the petitioners comprising of plot Nos.565, 566, 567, 555, 583, 586, 585, 556, 560, 552, 535 and 538 situated at Village Abdullahpur, Pargana, Tehsil and District Meerut in favour of the petitioners, which was acquired vide notification dated 27.1.1990 under Sec. 4 (1) of Land Acquisition Act, 1894 and declaration under Sec. 6 read with Sec. 17 (1) & (4) of Land Acquisition Act, 1894 on 07.3.1990 which is deemed to have lapsed in view of Sec. 24 (2) of the Right to Fair Compensation and Transparency in the Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(iii) to issue writ, order or direction in the nature of mandamus commanding the respondent Nos. 2 and 3 to mutate the names of the petitioners in revenue records over plots no.565, 566, 567, 555, 583, 586, 585, 556, 560, 552, 535 and 538 situated at Village Abdullahpur, Pargana, Tehsil and District Meerut in place of Meerut Development Authority regarding which representation has already been moved by the petitioners on 17.2.2014 to the Collector, Meerut and other State authorities.

(iv) to issue writ, order or direction in the nature of mandamus commanding and directing the respondents not to interfere with the peaceful possession of petitioners in any manner whatsoever over the land in question of petitioners comprising of plot Nos.565, 566, 567, 555, 583, 586, 585, 556, 560, 552, 535 and 538 situated at Village Abdullahpur, Pargana, Tehsil and District Meerut.

(3.)Brief background of the case is that the petitioner nos. 1 to 4 claim to be owners and bhumidhars of plot Nos.565, 566, 567, 555 and 802/1105 situated in Village Abdullahpur, Pargana, Tehsil and District Meerut. Shri Bimal Chand Jain, who was bhumidhar of plot no.566, died on 13.11.2011 and the said plot was inherited by petitioner nos. 1 to 4. Shri Subhash Kumar was a co-sharer in plot No.802/1105 and he died on 15.9.2005. His share was inherited by petitioner nos. 3 and 4. The petitioner nos. 5 and 6 also claim to be co-sharers and bhumidhar of plot Nos.583 and 586 along with Sri Om Prakash Jain. Plot no.585 belongs to petitioner nos. 8 and 9. Smt. Sushma Jain-the petitioner no.7 and Smt. Chandra Kani Devi are bhumidhars of plot no.585. Smt. Chandra Kani Devi died on 8.5.2014 leaving behind Rakesh Jain-petitioner no.5 as her heir and legal representative. The petitioner nos. 10, 11 and 12 are bhumidhars and co-sharers of plot nos.556, 560, 552, 535 and 538 to the extent of 1/2 share. The entire land of the petitioners is situated in the village in question.
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