DHAN PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manoj Kumar Pandey, learned counsel for the petitioners, Sri Vivek Saran, learned counsel, who has put in appearance on behalf of contesting Respondents No.2, 3 & 4 and learned Standing Counsel for Respondent No.1.

(2.) The pleadings between the contesting parties have been exchanged and with the consent of the parties, we proceed to decide the writ petition on merits at the admission stage itself.

(3.) The writ petitioners claim that they are "Displaced Persons" within the meaning of displaced persons under the U.P. Avas Evam Vikas Parishad Plots and Housing Regulations and Allotment Rules, 1979. Their entire land was acquired by the Parishad for their Vasundhara Scheme. The award in respect of the acquisition was made on 27/2/1989. It is submitted that the Parishad under the 1979 Regulations has decided to allot plots as well as shops to the displaced persons provided such displaced persons apply and get themselves registered by depositing a sum of Rs.5000.00 in between 1/9/1999 and 30/9/1999. There is no dispute about the petitioners getting themselves registered by depositing the requisite amounts. The Parishad proceeded to allot the shops to the petitioners which were not acceptable to the petitioners. The Parishad consequent to a meeting held on 8/10/2012 resolved to allot commercial plot measuring 25 sq. meter to 50 sq. meter to the displaced persons. The grievance of the petitioners, as is borne out from the averments made in the writ petition, is with regard to the rate of the land/plot being charged by the Parishad. According to the petitioners, the rate should be the rate which was given to the farmers at the time of the acquisition, while the Parishad is insisting on current market rate. The other grievance of the petitioners is that till date the plots have not been allotted to the petitioners.