JANARDAN PRASAD Vs. STATE OF UP

JUDGEMENT

(1.) This writ petition has been filed by the Petitioners saying that the Petitioners are the inhabitants of the village in a Gaon Sabha in the District Allahabad and they are representing all the people of the concerned village/Gaon Sabha. Neither the Gaon Sabha has made any writ petition nor upon making it a party and service thereof is appearing before us to make submissions in respect of grievance of the Petitioners in question by way of this public interest litigation.

(2.) Petitioners' whole contention is that the Gata No. 1489-Kha situated at Village Mauaima, Gram Sabha Mauaima, Pargana and Tehsil Soraon, District Allahabad, has been converted to the urban residential area under the scheme 'Man-Kanshi Ram Ji Shahari Garib Awas Yojna'. Two prayers are made. First prayer is about acquisition of land and second prayer is with respect to construction of the house.

(3.) Sri Ramanand Pandey, learned standing counsel, on the basis of instructions, which have been filed before this Court, has contended before us that so far as acquisition of the land is concerned, it has already been completed, State has resumed the land under Section 117(6) of the U.P. Zamindari Abolition and Land Reforms Act, 1950. The land was shown as 'banzar' land, i.e., land for Gaon Sabha and after resumption now in the revenue record it has been shown as the land of the aforesaid Yojna. At no point of time, the Gaon Sabha opposed such resumption or recording their name in the record nor they have raised any grievance before any Court of law.