JAGDAMBA PRASAD TIWARI Vs. STATE OF U.P.
LAWS(ALL)-2019-9-201
HIGH COURT OF ALLAHABAD
Decided on September 19,2019

Jagdamba Prasad Tiwari Appellant
VERSUS
STATE OF U.P. Respondents




JUDGEMENT

- (1.)Heard Sri S. P. Giri, learned Counsel for the petitioner and Sri Ratnesh Chandra, learned Counsel for respondent Nos.2, 3 and 4.
(2.)By means of this writ petition under Article 226 of the Constitution of India, the petitioner has made the following reliefs:-
(i) Issue appropriate writ order or direction in the nature of Certiorari to quash impugned order dated 26.06.2019 for demolition of House No.D-167, Indira Nagar, Lucknow situated over plot No.507 and 508 (Plot No.50 and 51) issued by Prescribed Authority/office of the Executive Engineer, Nirman Khand II Uttar Pradesh Awas Evam Vikas Parishad, Bhoothnath Office Complex, 3rd Floor, Indira Nagar, Lucknow (Annexure No.11).

(ii) To issue appropriate writ order or direction in the nature of Mandamus commanding respondents-authorities not to dispossess to petitioner from House No.D-167, Indira Nagar, Lucknow with open place in any manner situated over plot No.507 and 508 (Plot No.50 and 51).

(iii) To pass issue appropriate writ order or direction as this Hon'ble Court may deem fit and proper in the interest of justice.

(iv) To allow costs of the petition to the petitioner.

(3.)Brief facts of the case are that the petitioner is owner of 446 sq. mtr. land of Khasra No.507 and 508 purchased from Sultan Mirza Beg vide sale deed dated 4.12.1965. The respondents are not taking steps to not only dispossess the petitioner but also demolish the house/structure constructed over the land in 1966 and remain living therein along with family. The Housing Board for its Scheme, namely, Bastauli Gazipur Bhumi Vikas Evam Grih Sthan Yojana, Lucknow (presently known as Indira Nagar, Lucknow) had earlier issued notice under Section 28 of the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 [here-in-after referred to as '1965 Adhiniyam'] on 20.12.1969 and thereafter, a notification under Section 32 of the 1965 Adhiniyam, which is akin to Section 6 of the Land Acquisition Act, 1894 was issued on 8.7.1972. The Award of the said land was declared on 31.3.1977 and the possession of the land was taken on two different dates, i.e., 1.9.1975 and 7.4.1976 respectively. After issuance of notification under Section 28 of the 1965 Adhiniyam, notice under Section 29 of the 1965 Adhiniyam was also sent to the tenure holders and objections were filed by the land owners including the petitioner in respect of Khasra Plot Nos.507 and 508, Ghazipur Saidulnissa Pargana and Tehsil and District Lucknow. The objections were considered by the Niyojan Samiti of the Parishad and thereafter, final notification for acquisition under Section 32 of the 1965 Adhiniyam was issued on 8.7.1972 by which the land of the petitioner was also acquired. No Appeal against the decision taken by the Niyojan Samiti of the Parishd under Section 32 (3) of the 1965 Adhiniyam was filed within 30 days from the date of issuance of notification under Section 32, i.e., 8.7.1972.
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