MOWASI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India. The applicant prays that this Court be pleased to issue a writ in the nature of a writ of 'certiorari' calling for the record of the case and to quash the entire proceedings subsequent to the order dated 27-5-1952 dropping the land acquisition proceedings in respect of the applicant's plots and to direct the opposite parties not to acquire or proceed to acquire the plots belonging to him.

(2.) The applicant averred that he was the hereditary tenant of certain plots of land specified in para. 2 of the affidavit filed on his behalf which were situate in village Gulaothi, Pargana Agauta, district Bulandshahr and that the D, N. Higher Secondary School, opposite party 2, moved to acquire those plots along with two others.

(3.) A preliminary Notification was issued in respect of these plots under Section 7 of the Land Acquisition Act in the State gazette dated 9-3-1951. The applicant filed an objection under Section 5A, Land Acquisition Act against the acquisition of the plots belonging to him. The applicant and the school authorities both appeared before Mr. S. D. chaturvedi, Land Acquisition Officer. On 17-10-1952, Mr. Chaturvedi overruled the applicant's objections. On 20-10-1951, the applicant sent a petition to the Government of Uttar Pradesh in this regard. The State Government, thereupon asked for a report under Section 5A, Land Acquisition Act and, after perusing all the relevant documents for proving the report submitted by the Land Acquisition Officer under Section 5A of that Act, allowed the objections filed by the applicant and decided not to acquire the plots. On 3-5-1952, a G. O. No. A (2) 819/XV 601 (27) 1951 dated 3-5-1952 was issued by the State Government, The G. O. reads as follows :