SNEH PRABHA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) C. A. No. 1869 of 1981.

(2.) In furtherance thereof, the appellant had applied on May 10, 1963 for allotment of the plot and also got herself registered with the Trust on November 25, 1968 seeking allotment of the land under the Land Policy. The appellant also, after being informed of her need to redeposit the compensation amount she received from the Land Acquisition Officer on September 12, 1969 and deposited the same with the Trust on July 31, 1970. The appellant claimed that she was allotted 7957 square yards of land in Sector 12, viz., Chander Nagar but when she sought registration of the lease deed in her favour on June 27, 1972 she was informed to supply a copy of the sale deed of the land purchased by her vide communication dated April 18, 1974. By letter dated May 6, 1974, the Trust informed her that since she had purchased the land after notification under Section 4 (1) had already been published, she was not eligible for allotment and accordingly the Trust had returned the amount deposited by her by a cheque dated June 3, 1974. Thereafter, the appellant filed Miscellaneous Writ Petition No. 4517 of 1974 in the Allahabad High Court which was dismissed on November 29, 1977.

(3.) When the matter was heard on August 29, 1995 by this Court, it transpired that after the policy was issued, the State Government issued two G. Os. dated December 8, 1971 and June 2, 1972 providing guidelines for implementation of the Land Policy. We, therefore, directed the counsel for the State as well as the Trust to produce the copies of the orders. Accordingly, they came to be filed. G. O. No. 342 dated December 8, 1971 addressed by the Deputy Secretary to the Trust indicates in paragraph 2 that the persons who had purchased the land which would fall under the notification, after the publication of the notification for the acquisition of land under the Act, may not be given any benefit under the Land Policy. Paragraph 3 provides that the benefit of the Land Policy may also not be given to the persons who although had submitted their applications for the benefits under the Land Policy well before the prescribed date but had filed their suits in the Courts for stay orders against the acquisition of land and had obtained the orders of the Courts to stop the activities of the acquisition of land. Other clauses of the said G. O. dated December 8, 1971 are not relevant and hence omitted. In G. O. No. 1802 dated June 2, 1972, it was further clarified that the orders mentioned in para 3 of earlier G. O. No. 342 dated December 8, 1971 will apply only to those persons who had filed suits in the Courts in the acquisition of the land after December 8, 1971. Para 2 further states as under :