PATHAROO Vs. U P AWAS EVAM VIKAS PARISHAD

JUDGEMENT

(1.) These writ petitions under Article 226 of the Constitution have been filed for quashing the notifications dated 14.9.1983 and 3.6.1987 issued under Sections 28 and 32 respectively of U.P. Awas Avam Vikas Parishad Adhiniyam, 1965. A further prayer has been made that a writ of mandamus be issued declaring the entire acquisition proceedings under the impugned notifications as having lapsed and the respondents be restrained from interfering in the possession of the petitioners over the plots in dispute.

(2.) The U.P. Awas Evam Vikas Parishad (hereinafter referred to as the Parishad) floated a scheme known as Bhumi Vikas & Grih Asthan Yojna in Azamgarh and a notification under Section 28 of U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the Adhiniyam) was issued on 14.9.1983 inviting objections to the scheme within 30 days. The notification mentioned the boundaries of the area comprising in the scheme. After the scheme had been sanctioned by the State Government, a notification under Section 32 of the Adhiniyam was published in the Gazette on 3.6.1987. Thereafter, the State Government on 17.7.1991, exercising power under Section 17(1) of Land Acquisition Act (hereinafter referred to as the L. A. Act) directed the Collector, Azamgarh, to take possession over the land in dispute after expiry of fifteen days from the publication of the notice mentioned in Section 9(1) even though no award had been made. Nearly six years thereafter, notice dated 19.6.1997 was issued to the tenure holders including the petitioners under Sections 9(1) and (2) of the L.A. Act directing them to appear before the Special Land Acquisition Officer on 8.7.1997. The parties adduced evidence and ultimately the Special Land Acquisition Officer gave an award on 30.12.2000. The respondents claim that the possession over the land in dispute was taken over on 29.1.2001 though this fact is disputed by the petitioners and they claim that they are still in possession.

(3.) The U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 received the assent of the President of India on 28.1.1966 and was published in the Gazette on 16.2.1966. The Preamble of the Act is an Act to provide for the establishment, incorporation and functioning of a housing and development board in Uttar Pradesh. Section 28 of the Adhiniyam lays down that when any housing and improvement scheme has been framed, the Board (U.P. Awas Evam Vikas Parishad in view of Sections 2(d) of the Adhiniyam) shall prepare a notice to that effect specifying the boundaries of the area comprising in the scheme, the details of the land proposed to be acquired and the date by which objection to the scheme may be made. The notice has to be published weekly for three consecutive weeks in the Gazette and two daily newspapers having wide circulation in the area at least one of which shall be a Hindi newspaper. Section 30 of the Adhiniyam gives right to a person on whom a notice under Section 29 has been served to make an objection to the Board against the scheme. Section 32 of the Adhiniyam lays down that whoever the Board or the State Government sanctions a housing or improvement scheme, it shall be notified in the Gazette and the notification shall be conclusive evidence that the scheme has been duly framed and sanctioned. Any person aggrieved by the decision of the Board sanctioning a housing or an improvement scheme may prefer an appeal to the State Government under subsection (3) of Section 32 of the Act and the decision of the State Government shall be final. Sections 28, 30 and 32 of the Adhiniyam are akin to Sections 4, 5-A and 6 of the L.A. Act. Section 55(1) is important and reads as under :