HARIJINDER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Pramod Kumar Srivastava, learned counsel for the petitioner, Sri A.P. Srivastava, learned counsel appearing for respondents No.2, 3 and 4, Sri M.K. Gupta, assisted by Sri Ashish Kumar Singh for respondent No.5 and learned Standing Counsel.

(2.) Counter affidavit and two supplementary counter affidavits have been filed by the U.P. Avas Evam Vikas Parishad to which rejoinder affidavit and supplementary rejoinder affidavits have also been filed by the petitioner. With the consent of learned counsel for the parties, the writ petition is being finally disposed of.

(3.) Brief facts of the case, as emerge from pleadings of the parties, are; a notification dated 26th June, 1982 under Section 28 of the U.P. Avas Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the 1965 Act) was issued notifying various plots which were proposed to be acquired for a housing scheme including Plot No.368/1 situate in village Prahlad Garhi, district Ghaziabad. Objections against the proposed acquisition were filed by various tenure holders. The Niyojan Samiti of the U.P.Avas Evam Vikas Parishad held its meetings on 6th, 7th and 8th of April, 1993 and considered various objections. The Niyojan Samiti recommended for exempting portion of various plots including certain plots, which were in the vicinity of Plot No.368/1, namely, Plot No. 373 area 0.02 acres, Plot No.374 area 0.03 acre, Plot No.375 area 0.02 acres and Plot No.368 area 0.09 acre. A notice under Section 32(1) of the 1965 Act was issued on 28th February, 1987. The award was declared on 27th February, 1989 and possession of certain plots were claimed to be taken by the U.P. Avas Evam Vikas Parishad (hereinafter referred to as the Board) on 8th August, 1989. Plot No.368/1 was owned by petitioner's father after whose death name of petitioner's mother has been recorded in the revenue record. Petitioner's father late Swarn Singh filed a writ petition being Writ Petition No.17057 of 1987 challenging the acquisition of Plot No.368/1 which writ petition was dismissed by this Court vide judgment and order dated 8th September, 1988. In the years 1992, 1994 and 1995, the Board took decisions to exempt plots belonging to Daya Nand and others which was noted in the letter dated 10th February, 1995 issued by the Prabhari Adhikari (Bhumi) of the Board. The petitioner's father died in the year 1991. Petitioner's mother made a reference for enhancement of the compensation being Land Acquisition Reference Case No.64 of 2000, which is said to be pending. Petitioner's mother made an application on 16th February, 2005 addressed to the Chairman of the Board praying that Plot No.368/1 be exempted from acquisition. It was stated in the application that the land of agriculturists of adjoining area has already been exempted by the Board. Copy of the letter dated 10th February, 1995 was enclosed along with the application dated 16th February, 2005. The petitioner filed a writ petition being Writ Petition No.71083 of 2005 which writ petition was disposed of on 18th November, 2005 directing the Chairman of the Board to decide the representation dated 16th February, 2005 in accordance with law within a period of four months and for a period of four months parties were directed to maintain status quo. After the order of this Court dated 18th November, 2005 a contempt petition being Contempt Petition No.1867 of 2006 was filed by the petitioner stating that in spite of the judgment and order dated 18th November, 2005, no decision has yet been taken. The contempt petition was disposed of on 4th May, 2006 directing the Chairman to decide the claim and intimate the petitioner the order so passed. The Chairman of the Board by letter dated 26th June, 2006 forwarded the decision dated 13th March, 2006 issued by the Housing Commissioner by which order petitioner's representation dated 16th February, 1995 was rejected. The petitioner filed this writ petition in this Court on 28th November, 2006 praying for following relief:-