CHAMELI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) IN these two connected writ petitions the land of the petitioners has been acquired under a common notification issued under sections 4 and 6 of the Land Acquisition Act Learned counsel for the parties have prayed that these two cases may , be taken together as the questions of law involved in both the cases are common. These two writ petitions ere thus being disposed of by a common judgment.

(2.) ACCORDING to the petitioners of writ petition no, 15377 of 1983 they are co-bhumidhars and in possession of plot no, 16 area 5 bighas 6 biswas 14 biswansis situate in village Bairam Nagar, Pargana Nahtaur Tahsil Dhampur district Bijnor. ACCORDING to them on a portion of this plot the petitioners' pucca residential house exists for the last 20 years in which the petitioners and their family members are living, A tube well also exists on the plot in dispute. ACCORDING to the petitioners they have planted a grove over a portion of the plot which has about 150 mango, guava, papaya, Aadoo trees. Banana and other fruit bearing trees.

(3.) AS far as writ petition no. 15376 of 1983 is concerned, the petitioner Paltu Singh alleged himself to be the Bhumidhar in possession of plot no. 197 area 2 Bigha 4 Biswas 10 biswansis situate in village Mohammadpur Sultan district Bijnor. Out of this plot 1 bigha 4 biswas 10 biswansi of land of the petitioner has been acquired under the impugned notification. Similar grounds have been alleged for challenging the notification as in writ petition no. 15377 of 1983, though the petitioner In this writ petition has not alleged that there is any Abadi or grove of the petitioner over the land acquired.