BHAGWAN DEEN TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioners are bhumidhars of certain plots as mentioned in para 2 of the writ petition copies of khatauni are Annexures-1, 2 and 3. THEir grievance is that their land has been forcibly occupied and road has been constructed thereon without acquiring the land in accordance with the provisions of Land Acquisition Act, as stated in para 9 of the writ petition. No notification under Section 4 of the Land Acquisition Act, has been issued in connection with the said land. THE petitioners have not been paid any compensation as stated in paras 10 and 12 of the writ petition.

(3.) ARTICLE 300A of the Constitution, states that "no person shall be deprived of his property save by authority of law". In our opinion, the word 'law' in ARTICLE 300A means statutory law and not an executive order. In Bishambhar Dayal Chandra Mohan v. State of U. P., (1982) 1 SCC 39 and Bishan Das and others v. State of Punjab and others, AIR 1961 SC 1570, it was held that an executive order under ARTICLE 162 for seizure of any "property" without any authority of law violates ARTICLE 300A of the Constitution. A similar view was taken by a Division Bench of this Court in Santosh Kumar Tiwari v. District Magistrate, 1999 (1) AWC 661.