ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is yet another case which has come up before us where the land of the petitioners has been taken over by the Government without following the procedure of the Land Acquisition Act or,any other statutory enactment.

(3.) Article 300-A of the Constitution states : "No person shall be deprived of his property saved by authority of law". The petitioners have alleged in paragraph 3 of the writ petition that they are bhumidhars of the land in question. In paragraph 2 of the writ petition it has been stated that the land in question has not been acquired or requisitioned by the respondents under the provisions of the Land Acquisition Act or the U. P. Rural Development (Requisitioning of Land) Act, 1947 and no notification was issued under the provisions of the Land Acquisition Act or other enactment. In paragraph 5 of the writ petition it is alleged that similar type of action of taking possession of the land of agriculturists without acquiring the land under the Land Acquisition Act or requisitioning it under the U. P. Rural Development (Requisitioning of Land) Act had been taken in the proof by the respondents. This fact has been admitted in paragraph 9 of the counter affidavit.