KAPOOR CHAND Vs. DEVELOPMENT AUTHORITY AGRA

JUDGEMENT

(1.) -The notification under Sec. 36 of the U. P. Town Improvement Act, 1919 was issued on 23-1-1960, proposing to acquire the land of the petitioners for a scheme called Fatehpur Sikri Road Housing Accommodation and Street Scheme. This U. P. Town Improvement Act, 1919 was repealed by U. P. Nagar Mahapalika Adhiniyam (hereinafter referred to as the Adhiniyam), and as such, the final notification was issued under Sec. 363 of the Adhiniyam, which was published in the U. P. Gazette dated 7-6-1969. As the land in dispute was sought to be acquired for the Nagar Mahapalika, Agra and it failed to deposit the requisite amount of compensation inspite of several requests made by the Government, possession of the land in dispute was not taken and ultimately the Government withdrew these acquisition proceedings vide order dated 10-1-1972. The Administrator, Nagar Mahapalika, Agra was duly informed of the withdrawal of the acquisition proceedings vide letter dated 20th September, 1973.

(2.) HOWEVER, on 28-4-1979 and on subsequent dates notices were issued to the petitioners by the Agra Development Authority, informing them that the land in dispute is sought to be acquired for Fatehpur Sikri Road Housing Accommodation and Street Scheme. Petitioners raised objections against these notices and have filed this writ petition before this Court, challenging the notices and the action of the Agra Development Authority for acquiring the land in question. A counter affidavit has been filed on behalf of the Land Acquisition Officer, Nagar Mahapalika, Agra in which it has admitted that the Government has withdrawn the acquisition proceedings in respect of the land in dispute. The relevant portion from paragraph 0 of this counter affidavit is extracted below :

(3.) AFTER withdrawal of the acquisition proceedings by the Government in 1972, it is not open to the Agra Development Authority to revive the same scheme by issuing notice in 1979 for taking possession of the land in question.