LAWS(SC)-2011-11-80

KAILASH N DWIVEDI Vs. STATE OF U P

Decided On November 29, 2011
KAILASH N.DWIVEDI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) These appeals are directed against order dated 08.07.1999 of the Division Bench of the Allahabad High Court dismissing the writ petitions filed by the Appellants for issue of a mandamus to the Respondents to release their land.

(2.) For the sake of convenience, we have taken the facts from the record of Civil Appeal No. 2985 of 2001.

(3.) The Appellants are said to be the owners of land measuring 14 Bighas 11 Biswas comprised in field Nos. 595, 596, 599, 600, 603, 606, 619, 632 and 633 of village Gaujaini. By Notification dated 25.7.1959 issued under Section 53 of the Cawnpore Urban Area Development Act, 1945 (for short, the 1945 Act), the competent authority notified the framing of Kalyanpur Panki Pandu Town Expansion and Green Belt Scheme No. 40 (for short, the scheme). The State Government sanctioned the scheme in December, 1959 and to this effect. Notification dated 23.12.1959 was issued under Section 60 of the 1945 Act.