SHYORAJ SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present petition has been filed by the petitioners impugning the notice dtd. August 10, 2021 issued by U.P. State Industrial Development Corporation (hereinafter referred to as "the Corporation") directing the petitioners to remove the unauthorized construction raised on the land which was already allotted to an industrial unit, otherwise action was to be taken against the petitioners in accordance with law. Further prayer has been made seeking a direction to the respondent no. 1 to decide the application filed by petitioners under Sec. 48 of the Land Acquisition Act, 1894 (hereinafter referred to as "1894 Act").

(2.) Learned counsel for the petitioners submitted that the land was sought to be acquired for the use by Corporation. Emergency provision of Sec. 17 of the 1894 Act were invoked. Notification under Sec. 6 was issued on April 15, 1986. Thereafter award was passed by Land Acquisition Officer (hereinafter referred to as "LAO"). The possession of the land was never taken by the State. The petitioners have raised construction thereon where cow-shed and a school is running with about 400 students studying therein. The project for which the land was acquired has already been completed and the land in question is lying surplus.

(3.) He further referred to Sec. 17 of U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as "1973 Act") to state that in case acquired land is not utilized for a period of five years, the landowner can seek to return the same back to him. In the case in hand, for the last about three decades land in question has not been utilized, hence, petitioners have a right to get their land back. They are ready to deposit the compensation back.