SUNIL KUMAR & 4 ORS Vs. STATE OF UP & 4 ORS
LAWS(ALL)-2018-5-771
HIGH COURT OF ALLAHABAD
Decided on May 23,2018

Sunil Kumar And 4 Ors Appellant
VERSUS
State Of Up And 4 Ors Respondents


Referred Judgements :-

STATE OF MADHYA PRADESH VS. VISHNU PRASAD SHARMA [REFERRED TO]
LT GOVERNOR OF HIMACHAL PRADESH VS. AVINASH SHARMA [REFERRED TO]
STATE OF MYSORE VS. V K KANGAN:NARASIMHA RAM NAIK [REFERRED TO]
FT GIRDHARAN PRASAD MISSIR VS. STATE OF BIHAR [REFERRED TO]
SUDAMA DEVI VS. COMMISSIONER [REFERRED TO]
H D VORA VS. STATE OF MAHARASHTRA [REFERRED TO]
HARI SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
NUTAKKI SESHARATANAM VS. SUB COLLECTOR LAND ACQUISITION VIJAYAWADA [REFERRED TO]
MADHYA PRADESH HOUSING BOARD VS. MOHAMMAD SHAFI [REFERRED TO]
RAJASTHAN HOUSING BOARD VS. KISHAN [REFERRED TO]
SATENDRA PRASAD JAIN VS. STATE OF UTTAR PRADESH [REFERRED TO]
P CHINNANNA VS. STATE OF ANDHRA PRADESH [REFERRED TO]
STATE OF MAHARASHTRA VS. DIGAMBAR [REFERRED TO]
STATE OF ORISSA VS. DHOBEI SETHI [REFERRED TO]
AWADH BIHARI YADAV SITA RAM GOPE VS. STATE OF BIHAR [REFERRED TO]
STATE OF TAMIL NADU VS. L KRISHNAN [REFERRED TO]
PREM NATH KAPUR VS. NATIONAL FERTILIZERS CORPN OF INDIA LIMITED [REFERRED TO]
U P JAL NIGAM LUCKNOW VS. KALRA PROPERTIES P LTD [REFERRED TO]
SENJEEVANAGAR MEDICAL AND HEALTH EMPLOYEES COOPERATIVE HOUSING SOCIETY VS. MOHAMMAD ABDULWAHAB [REFERRED TO]
ALLAHABAD DEVELOPMENT AUTHORITY VS. NASIRUZZAMAN [REFERRED TO]
STATE OF KARNATAKA VS. S M KOTRAYYA [REFERRED TO]
STATE OF RAJASTHAN VS. D R LAXMI [REFERRED TO]
M RAMALINGA THEVAR VS. STATE OF TAMIL NADU [REFERRED TO]
NORTHERN INDIAN GLASS INDUSTRIES VS. JASWANT SINGH [REFERRED TO]
GOV OF A P VS. SYED AKBAR [REFERRED TO]
MAY GEORGE VS. SPECIAL TAHSILDAR [REFERRED TO]
TAMIL NADU HOUSING BOARD CHENNAI VS. M MEIYAPPAN [REFERRED TO]
IVO AGNELO SANTIMANO FERNANDES VS. GOVERNMENT OF GOA [REFERRED TO]
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA VS. SUBODH SINGH [REFERRED TO]
LEELAWANTI VS. STATE OF HARYANA [REFERRED TO]
V CHANDRASEKARAN VS. ADMINISTRATIVE OFFICER [REFERRED TO]
PUNE MUNICIPAL CORPORATION VS. HARAKCHAND MISIRIMAL SOLANKI [REFERRED TO]
INDORE DEVELOPMENT AUTHORITY VS. SHAILENDRA [REFERRED TO]


JUDGEMENT

DILIP B.BHOSALE,J. - (1.)The questions involved and the facts against which they are raised in these petitions, are common and, hence, by consent of counsel for the parties, they are being disposed of by this judgment.
(2.)Writ petition (Writ-C No. 34893 of 2014) under Article 226 of the Constitution of India has been instituted by the petitioners after 29 years, seeking direction in the nature of mandamus declaring the notifications under Sections 4 (1) and 6 read with Section 17 of the Land Acquisition Act, 1894 (for short, "Act, 1894") both issued on 07.11.1985, as lapsed in view of the provisions contained in Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, "Act, 2013"). The lands in dispute are Khasra Nos. 312 measuring 0-16-10 bigha, 313 measuring 0-18-0 bigha, 314 measuring 0-11-0 bigha and 315 measuring 0-10-0 bigha, situated at Village Gijhore, Pargana and Tehsil Dadri, District Gautam Budh Nagar (for short, "the lands").
(3.)The challenge has been raised solely on the ground that, by virtue of the provisions contained in sub-section (2) of Section 24 of the Act, 2013, the acquisition deemed to have lapsed, since neither possession of the lands had been taken, nor compensation had been paid on completion of the acquisition proceedings in 1985. Petitioners have also challenged a notice issued on 23/25 June 2014 by respondent no.5, whereby they were asked to immediately stop unauthorised constructions on the acquired lands and remove the unauthorised constructions already made within 15 days. By this notice, petitioners were also asked to submit a written reply to the notice within 15 days. The petitioners chose not to submit any reply and filed this petition on 04.07.2014. In the notice, a reference has been made to the lands in dispute only and not to the land-Khasra Nos. 532 and 533, with which the petitioners admittedly do not have any concern, whatsoever.
;


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