LAWS(ALL)-1972-10-11

RIAZ UDDIN Vs. STATE OF U P

Decided On October 27, 1972
RIAZ UDDIN Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THESE thret special appeals raise common questions. They are directed against a common judg ment dismissing three writ petitions. In the writ petitions, the appellants had challenged the acquisition of land in execution of im provement schemes framed by the Meerut Improvement Trust and continued by the Avas Evam Vikas Parishad.

(2.) AN improvement scheme called "Scheme No. 3 - Housing Accommodation and Street Scheme lying between Meerut Garhmukteshwar and Meerut Hapur Roads" was framed by the Meerut Improvement Trust. Notice of this scheme as required by Section 36 of the U. P. Town Improvement Act, 1919 was published in the State Gazette of 7th January, 1967. The area comprised fa the scheme included land in four villages, all situate outside the municipal limits of Meerut. The notice invited objections. Ninety nine persons filed fortyfive objections. TI.3 Chairman of the Improvement Trust visited the area involved fa the scheme and heard oral representations from various groups of landholders in the area. The appellants case is that they had no knowledge of these proceedings and they could not either file ob jections or make representations to the Chairman at the time of his visit.

(3.) THE Parishad took up the Hous ing Accommodation and Street Scheme No. 3; it disposed of the objections, and as required by Section 31 (1), referred the scheme to the State Government for sanc tion. The State Government sanctioned the Scheme and the sanction was published in the Gazette of 23rd November, 1968, hi ac cordance with Section 32 (1) of the Parishad Act