RAM AVTAR Vs. STATE OF U P

JUDGEMENT

(1.) Since both the above writ petitions are identical in nature, therefore they are being heard and disposed of by a common judgment.

(2.) Brief facts of the case are that the Petitioners are tenure holders and bhumidhar of the disputed plots situated at Village Kapsethi and Chakmali, Tehsil Karvi, District-Chitrakoot. Awas Aayukt, U.P. Awas and Vikas Parishad, Lucknow issued notification under Section 28 of the U.P. Awas Vikas Parishad Adhiniyum, 1965 (hereinafter referred to as "Adhiniyum') dated 26.4.2003, which was published in U.P. Gazette dated 17th May, 2003 notifying that it has framed a scheme called "Karvi Bhumi Vikas and Grih Sthan Yojana, Chitrakoot Dham" declaring that land comprised in the boundary given therein was proposed to be acquired for the said scheme and invited objections. Thereafter notices under Section 29 of the Adhiniyum were issued to the Petitioners on 19.6.2003 and 20.6.2003 inviting objections. The Petitioners filed objections individually as well as collectively objecting to the acquisition of their land on various grounds including that the Petitioners were small tenure holders and the land sought to be acquired was fertile agricultural land. The Petitioners also stated in their objection that there is vast unfertile land lying at Allahabad Banda Road near Bedi Puliya and Tulsi Degree College, which is most suitable for the scheme but without giving any opportunity of being heard to them and without considering their objections, the State Government sanctioned the scheme by order dated 3.8.2005 and issued notification under Section 32 of the Adhiniyum, read with Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as "Act') by notification dated 16.9.2005, which was published in U.P. Gazette on 19.11.2005.

(3.) Thereafter a corrigendum was issued by notification dated 5.10.2006 published in official Gazette dated 25.11.2006 notifying that Khasra No. 72/2 was wrongly published in notification dated 15.11.2005 instead of plot No. 75/2 which was being corrected. The Respondents did not take any action to implement the scheme after issuing notification under Section 32 of the Adhiniyum for almost two years and thereafter the order dated 7.6.2007 was passed by State Government directing the Collector under Section 7 of the Act and notification was issued on 7.6.2007 by State Government exercising power under Section 17 (1) of the Act directing the Collector to take possession over the disputed land, though no award has been made.