LAWS(ALL)-2013-12-46

ARVIND NATH SETH Vs. STATE OF U.P.

Decided On December 20, 2013
Arvind Nath Seth Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri M.D. Singh Shekhar, Senior Advocate assisted by Sri S.F.A. Naqavi, Advocate, Sri B. Dayal, Advocate & Sri Mahesh Narain Singh, Advocate in support of the review application filed against the judgment dated 03.04.2012 passed in Civil Misc. Writ Petition No. 20839 of 2011(Arvind Nath Seth and others vs. State of U.P. And others) and Sri Shashi Nandan, Senior Advocate assisted by Sri Vivek Chaudhary, Advocate, who have appeared opposing the review application.

(2.) The facts, briefly is, that the petitioners allege that they are recorded Bhumidhar of Plot No. 498 measuring 2.3350 hectare, Plot No. 500 measuring 7-15-2 and Plot No. 501 measuring 3.541 hectare situated in Village Kaseru Buxar, Mawana Road, Meerut and in support of their assertion they have filed extracts of the Khatauni (Record of rights) and Khasra (Field register). The said plots are situated at the crossing of Meerut National Highway going from Meerut to Parikshatgarh. The petitioners through a society had submitted a lay out plan to the Nagar Palika, Meerut in the year 1974 for sanction, to develop a residential housing scheme on the plots in question. At the relevant time, the Development Authority was not in existence and the powers vested with the Nagar Palika, Meerut. The Development Authority came into existance in Meerut in 1976. The Nagar Palika Meerut sanctioned the lay out plan No. 98 on 25-3-1974 as per the then approved master plan.

(3.) The map was sanctioned with the condition that petitioners would leave 150 feet wide strip of land abutting the nala, as road is proposed in the master plan. The society developed the residential colony as per the sanctioned plan and also left the 150 feet road. Forty of the residential plots were facing the 150 feet road and were accessible only from the said road.