MORNI DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Shri Navin Srivastava holding brief of Shri D.V. Jaiswal, the learned counsel appearing for the petitioners (the heirs and legal representatives of the sole deceased petitioner, Shri Jagdish Saran), and Shri Vinay Malviya, learned standing counsel of the State of U. P., representing the respondent Nos. 1 and 2.

(2.) By means of instant writ petition, under Article 226 of the Constitution of India, it is prayed that this Court may issue a writ, order or direction in the nature of mandamus, commanding the respondent Nos. 1 and 2 not to dispossess the petitioners from the eastern portion of the Plot No. 189, measuring 0.34 acres, situate in village Mau, tehsil and district Moradabad, in pursuance of the notification and declaration dated 20th March, 1967 and 24th May, 1967, respectively, issued under Sections 4 and 6 of the Land Acquisition Act, 1894, (hereinafter called the 'Act').

(3.) It is not disputed that the notifications dated 20th March, 1967 and 24th May, 1967, have neither been withdrawn nor annulled by any competent court of law. It is also not disputed that all further proceedings in pursuance of the aforesaid two notifications took place, and the award was duly delivered within the prescribed period.