PYARE LAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners for issuance of writ, order or direction in the nature of mandamus declaring the land acquisition proceedings in respect of plots in dispute to have lapsed under section 11-A of the Land Acquisition Act (hereinafter referred to as the 'act' ). They have further prayed for the relief from their dispossession over the land, In the alternative they have taken shelter of section 48 of the Act.

(2.) WE have heard Shri W. H. Khan, learned Senior Counsel assisted by shri J. H. Khan, learned Standing Counsel for the respondents No. 1 and 3 and shri A. K. Mishra, learned Counsel appearing for the respondent No. 2.

(3.) ADMITTEDLY, the plot Nos. 115 and 8 and plot Nos. 98, 163, 12, 14, 90, 101 and 102 situate in village Jhalwa tehsil sadar district Allahabad belonged to the petitioners No. 1 to 3 respectively. The respondents proposed to acquire the said plots for the construction of residential colony and notification under section 4 of the Act was issued on 21. 1. 1990. Thereafter, declaration under section 6 of the Act was issued on 31. 12. 1991. The copies of the aforesaid notifications are Annexures 1 and 2 respectively. By way of notification under section 6 of the Act, the inquiry under section 5-A of the Act was dispensed with alleging the urgency. The petitioners filed Civil Misc. Writ Petition No. 13700 of 1992 in which the interim order dated 7. 4. 1992 was passed by this Court restraining the respondents not to dispossess the petitioners from the disputed plots unless they had already been dispossessed. The copy of the order is Annexure-3. The petitioners' houses are situate in plot No. 163 since 1992, plot No. 90 since 1980 and plot No. 115 since 1982. The petitioners are still in possessions of the disputed plots and they were never dispossessed by the respondents. The aforesaid writ petition was dismissed on 24. 7. 2000 being infructuous by passage of time and accordingly the interim order dated 7. 4. 1992 also stood vacated. The copy of the order is Annexure-4. In the writ petition, it has been alleged that the petitioners were never dispossessed by the respondents and they are still continuing in possession. No award has been made by the Collector Allahabad as yet and no compensation has been paid to them.