PAWAN KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Pankaj Dubey for the petitioner. Learned standing counsel has accepted notice on behalf of respondent Nos. 1 and 2. Sri Madan Mohan appears for respondent No. 3 -- Executive Engineer, UP Avas Evam Vikas Parishad, Meerut Sri Ajay Rajendra appears for respondent Nos. 4 and 5 -- Ganga Saran and Devendra - both sons of Sri Tek Chand. The petitioner has purchased the entire 1/8th share of respondent Nos. 4 and 5, in plot Nos. 116, 117, 196 and 197 in the revenue village Sarai Quji, Pargana, Tehsil and District Meerut by sale-deeds dated 9.3.2004 and 12..3.2004. At the time of purchase of the land, the notification under Section 28 of the Uttar Pradesh Avas Evam Vikas Parishad Act 1965, proposing to acquire the land for "Jagriti Vihar Bhumi Vikas and Grah Sthal Scheme No. 11", was issued by the U.P. Avas Evam Vikas Parishad on 20.4.2002. The notification under Section 32 of the Act, for acquiring the land was issued on 24..1.2007.

(2.) The petitioner applied for compensation of the share in plots purchased by him. His application was rejected by the Additional District Magistrate (Land Acquisition) Awas, Meerut on 6.10.2009, on the ground that that sale-deeds were executed after the issuance of the notification of the Scheme No. 11, of the U.P Avas Evam Vikas Parishad, and that the name of the petitioner has not been mutated in the revenue records. The Additional District Magistrate was of the opinion that the sale-deeds are void in law.

(3.) Section 28 of the U.P. Avas & Vikas Adhiniyam provides for issuing notification of the proposal to acquire the land. It is analogous to Section 4 of the Land Acquisition Act 1894. The land was acquired after deciding objections and by issuing notification under Section 32 of the Adhiniyam, which is a final declaration of acquisition of land by the State Government, for the U.P. Avas Evam Vikas Parishad. The land vests in the State only after final notification under Section 32 of the Act. The rights of the parties for sale and purchase are only clouded, and by notification proposing to acquire the land.