DHEERAJ SINGH Vs. CHAIRMAN AVAS EVAM VIKAS PARISHAD

JUDGEMENT

(1.) THIS writ petition has been filed against the impugned notifications dated 2.8.1997 and 4.12.1999 Annexures 4 and 5 to the writ petition under Sections 28 and 32 of the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 by which certain land was sought to be acquired under the said Adhiniyam for a public purpose, namely, the acute housing problem in Saharanpur.

(2.) HEARD learned counsel for the parties.

(3.) SECTIONS 28 and 32 of the U.P. Avas Evam Vikas Parishad Adhiniyam are analogous to Sections 4 and 6 of the Land Acquisition Act. It is alleged that no award has yet been passed and hence in view of Section 11A of the Land Acquisition Act the impugned notifications have lapsed. It is also urged by the petitioners that there was no urgency to invoke the provisions of Section 17 of the Land Acquisition Act. It is alleged that the Parishad had already dropped five schemes earlier and hence there was no justification to acquire the petitioner's agricultural and grove land.