INDRA PAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri M.P. Singh, learned counsel for the petitioners and Sri Vivek Verma, learned counsel for the Kanpur Development Authority as well as the Nagar Nigam, Kanpur Nagar.

(2.) A road widening is taking place and under the said scheme, the road which is sought to be widened, is to be extended to the width of 250 ft. As a result of such road widening, the petitioners contend that their constructions in the colony adjacent to the road are being removed in the name of encroachment.

(3.) The ground for challenge is that the petitioners have been already settled with the houses which are standing in the area in question under the U.P. Slum Areas (Improvement and Clearance) Act, 1962. For this they have relied on their particular house nos. which have been protected under the notification issued by the State Government on 30.4.1982, copy whereof has been filed as Annexure-1 to the writ petition.