RAJAN YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Rakesh Pande, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents.

(2.) The petitioner is owner of 600 sq. yard of land in Khata No.124 Khasra No.120 in Village Parthala Kanjarpur, Pargana and Tehsil Dadari, Distt. Gautam Budh Nagar. He had purchased the land from its previous tenure holder Shri Ratiram by sale deed dated 15.4.2011. The petitioner nos.2 and 3 are recorded tenure holders with transferable rights of Plot No.322 Ka, 325 and 328 in the same village. The agricultural plots owned by the petitioners are near the embankment constructed by the Irrigation Department at a distance of about 400 meters from the river flowing through District Gautam Budh Nagar.

(3.) By this writ petition the petitioners have prayed to set aside the order dated 20.5.2011 passed by the District Magistrate Gautam Budh Nagar, restraining the transfer of the land of an area less than 1000 sq. yards in the flood area of river Hindan and river Yamuna, with directions to all the Deputy Registrars and the Asstt. Commissioner (Stamps), Gautam Budh Nagar, restraining them to register any agreements or sale deeds of the land in the said area. He has passed the orders in purported exercise of powers under the U.P. Flood Emergency Powers (Acquisition and Requisition) Act, 1951 (in short the Act of 1951) and the Government Orders dated 3.2.1992.