KALAWATI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Anupam Kulshreshtha and Shri Arpit Agarwal, learned counsel for the petitioner; Shri Sanjay Kumar Singh, learned Addl. Chief Standing Counsel along with Shri Devesh Vikram, learned Standing Counsel as well as Shri Apurva Hajela, learned Standing Counsel for the State respondents and Shri Nipun Singh, learned counsel for respondent nos.2 to 4.

(2.) Present writ petition has been preferred for following reliefs:-

(3.) The record in question reflects that the petitioner claims to be Bhumidhar with transferable rights of plot no.424/1 area 1 bigha and 10 biswa and plot no.424/2 area 5 biswa situated in Village Jhunsi Kohna, Pargana Jhunsi, Tehsil Phoolpur Distt. Prayagraj1. A notification under Section 28 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 19652 was issued on 8.3.1979, which was published in the official gazette on 14.4.1979. The notification reflects that the Uttar Pradesh Avas Evam Vikas Parishad3 has framed a scheme in the name of "Jhunsi Bhoomi Vikas Evam Grih Sthan Yojna-2, Allahabad4" for solving the housing problems in the city of Allahabad (now Prayagraj). Thereafter, a notice under Section 29 of the Adhiniyam, 1965 was issued. It is claimed that the petitioner along with her co-tenure holder Smt. Shanti Devi daughter of Girdhari Lal filed objection on 2.5.1979. A notification under Section 32 of the Adhiniyam, 1965 was published in the Official Gazette on 29.11.1980. It is claimed that inspite of the objection dated 2.5.1979 finally the publication under Section 32 of the Adhiniyam, 1965 was issued. It is also claimed that no opportunity or notice was ever accorded to the petitioner under Section 9 of the Land Acquisition, 18945. Therefore, the petitioner had no information relating to determination of the compensation under the LA Act. It is also reflected from the record that the petitioner had earlier approached this Court by preferring Writ Petition No.18480 of 1987 with following reliefs:-