MANVEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition alongwith connected writ petition No. 3301 of 2001 are being disposed of by a common judgment. Heard learned counsel for the parties.

(2.) The petitoners has challenged the impugned notification dated 21-11-1996 published by public notice dated 24-8-1999 under Section 4(1) of the Land Acquisition Act and the notification dated 23-8-2000 published through public notice dated 23-8-2000 under Section 6/17 of the Land Acquisition Act vide Annexures 7 and 10 to the writ petition. The petitioners have also prayed for a mandamus directing the respondent not to proceed in the matter of acquisition proceedings and not to demolish the constructions on the land in dispute.

(3.) The petitioner No. 1 claims to be owner of plot No. 30 and the petitioner No. 2 of plot No. 31 in village Wajidpur, paragana and Tahsil Khurja, District Bulandshahr. It is alleged in paragraph 3 of the wirt petition that the said land has been used by the petitioners as abadi land. The khasra entires are Annexures 1 and 2 the writ petition. In paragraph 4 of the writ petition it is alleged that the petitioners have raised constructions over the said land and then sought permission to change the nature of the land under Section 143 of the U.P.Z.A. & L.R. Act. On the application of the petitioner the S.D.M.,. Khurja after receiving report of the Tahsildar and other officers of the revenue department passed an order dated 12-8-1999 declaring the land as abadi land. True copies of the orders in this connection are Annexures 3 and 4 to the writ petition. After declaration of the land as abadi land they were recorded as such in the revenue record vide Annexures 5 and 6.