DILIP KUMAR GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Notice on behalf of the opposite parties Nos. 1 and 2 has been accepted by the Chief Standing Counsel. Heard Shri Surya Kant Singh learned Counsel for the petitioners and the learned Standing Counsel. Petitioner's grievance is that certain portion of his land has been used for raising construction by the Nagar Nigam that too without taking any acquisition proceedings and without his consent in writing and without giving him any compensation.

(2.) Nagar Nigam is not at liberty to take possession of the land of any portion nor is authorised to take possession of the land or any portion thereof of any person unless the land is acquired or requisitioned under the provisions of the relevant Act or is taken by negotiation after obtaining consent in writing. The practice of taking possession and using the land of the individual or a group of persons, without following the prescribed procedure has been very common which cannot be appreciated and we take judicial notice of the same, as such cases are coming before the High Court very frequently.

(3.) Such an action unnecessarily harasses the owner or lawful occupant of the land and also put uncalled for burden upon the Courts, only because the Nagar Nigam, Lucknow Development Authority, Awas Evam Vikas Parishad, the State Government or any such acquiring authority, does not follow the procedure prescribed by law. It cannot be disputed that the propriety rights cannot be taken away otherwise than in accordance with law. The matter, therefore, requires, immediate consideration by the State Government and all other concerned authorities.