(1.) Important question of public interest involved in this petition is as to whether State can divest its citizen from their property without acquisition and payment of compensation in accordance with law ? The mighty State exercising unbridled and unguided power had deprived the petitioner from his property that too under the teeth of judgment of this court. With the multiplicity of litigation and pendency thereon the petitioner is waiting for justice since 1977 (almost 36 years) and the long hand of law shortened to dispense justice expeditiously so as to original occupier could have enjoyed the property.
(2.) Lucknow Development Authority had leased out the property in question through a registered lease deed dated 15.1.1936 to one Dr. G.S.Thapar for the period of 90 years bearing an area of 46,762 sqf. (4,344.22 sqmt.). Shri G.S.Thapar had built a double storied building over the land in question situated in the city of Lucknow. Later on, by registered sale deed dated 17.8.1948 Dr. G.S.Thapar transferred the entire plot in dispute bearing Plot No.413 along with constructed portion to one Smt. Muneshwari Debi, who happens to be step mother of the petitioner. In pursuance to sale deed Smt. Muneshwari Debi came into premises in question giving name and title to it as "Om Niwas". A copy of registered sale deed dated 17.8.1948 is on record as Annexure-1 to the writ petition. An area of 2172.31 sqmt. of "Om Niwas" along with constructed building was acquired by the Home Department of the Government of U.P. in pursuance to notification issued under Land Acquisition Act in the year 1976. The acquisition was made for construction of infrastructure for the Intelligence Department Government of U.P. subject to payment of compensation of Rs. 1,95,228.70 to Smt. Muneshwari Debi. For the remaining area of "Om Niwas" comprising 2171.91 sqmt, a notice under Sub-Section 3 of the Urban Land (Ceiling and Regulation) Act, 1976 (in short hereinafter referred as Ceiling Act) was served on Smt. Muneshwari debi. An objection was filed thereof, but it was rejected by the competent authority by an order dated 15.10.1977 under Section 8(4) of the Ceiling Act followed by U.P. Gazette Notification dated 24.12.1977. Copy of the Gazette Notification dated 24.12.1977 published under Section 10(1) of the Ceiling Act has been filed as Anexure-3 to the writ petition.
(3.) Feeling aggrieved with the aforesaid order passed by ceiling authorities, late Smt. Muneshwari Debi filed a Civil Misc. Appeal No. 356 of 1977 under Section 33 of the Ceiling Act before District Judge Lucknow. Appeal filed by Smt. Muneshwari Debi was decided by judgement and order dated 4.11.1982 with the finding that Smt. Muneshwari Debi does not possess any excess vacant land which may be held surplus under the Ceiling Act. Judgment and order dated 4.11.1982 passed by the District Judge, Lucknow has been filed as Annexue-5 to the writ petition. The operative portion of the judgement of learned District Judge is reproduced as under:-
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