AWADH NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) -In this case on 31.10.2000 learned standing counsel was granted one month's time to file counter-affidavit and the petition was directed to be listed in December, 2000. Thereafter on 23.1.2004 learned standing counsel was granted one month's further time to file counter-affidavit but on counter-affidavit has been filed so far.

(2.) IT is deeply distressing to note that despite several opportunities granted by the Court to file counter-affidavit in a large number of cases no counter-affidavit is forthcoming. In this case time was granted to file counter-affidavit more than three years ago but no counter-affidavit has been filed and instead today learned standing counsel has prayed for further time to file counter-affidavit. We are not inclined to accept this prayer.

(3.) IT is alleged in para 4 of the petition that the Junior Engineer, P.W.D., Allahabad, came to the site on 23.2.1999 and informed the petitioners that a road is proposed to be built over the Southern portion of the petitioners' plot and construction will be started after some time. The Junior Engineer came again on 3.9.2000 along with his contractors and labourers and directed them to start digging on the plot of the petitioners and to cut the standing crop. The petitioners immediately rushed to the office of the Executive Engineer and enquired about the position of their lands, whether it has been acquired under the provisions of the Land Acquisition Act or some other Statute. IT is alleged in para 5 that they were informed that the acquisition proceeding could not be initiated so far with regard to the agricultural holding of the petitioners. The construction of the road is being made under the political pressure of the leaders and the possession of the petitioners' land has been taken forcibly without paying any compensation to the petitioners and without adopting the procedure of law. Petitioners made a representation on 6.9.2000 (Annexure-2) but to no avail.