SHEORAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Vinod Sinha, learned Counsel for the petitioner and learned Standing Counsel. By means of this writ petition, the petitioner prays for quashing the order dated 31.8.2009 passed by the Special Land Acquisition Officer by which the objections filed by the petitioner dated 8.2.2008 and 13.7.2009 have been rejected. Plot Nos. 147 and 167 of Khata No. 24 and Plot Nos. 240, 284, 297 and 299 of Khata No. 25 were acquired for Yamuna Expressway Industrial Development Authority.

(2.) The father of the objector was owner of 1/3rd share in the land in dispute. The petitioner filed an objection that after the death of his father he is the owner of 5/24th share, he being the eldest son having been born prior to 1.10.1936. Objector has also filed a suit on 23.9.2009 under section 229-B and 176 of U.P.Z.A. and L.R. Act which is said to be pending.

(3.) The Special Land Acquisition Officer issued notices to the parties. The respondents who were real brothers of the petitioner filed the objection and submitted that the name of the father of the parties was recorded and at no point of time petitioner claimed any right for his larger share and no objection was filed till declaration under section 6 of the Land Acquisition Act was issued, hence the objection of the petitioner was barred. It was further submitted that twice consolidation operations have undertaken in the village. Udai Veer Singh, father of the parties died on 17.10.1993 and after the death of his father, name of all the four brothers including the objectors were recorded and each has equal share.