BHUSAI Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Sri Kshemendra Shukla learned counsel for the petitioner learned Standing Counsel for the State respondents and Sri Shobhit Mohan Shukla for the respondent no. 4 Lucknow Development Authority. Affidavits have been exchanged between the parties and with their consent this writ petition is being decided finally today itself.

(2.) This writ petition has been filed for quashing the Notification no. 2992/9-Aa-3-2000-74-LA/96 dated 11.09.2000 issued under Section 4/17 of the Land Acquisition Act 1894 (Annexure 1) as also Notification no. 657-9-Aa-3-200-74-LA-96 dated 16.02.2001 issued under Section 6/17 of the Land Acquisition Act 1894 (Annexure 2) (hereinafter referred to as the Old Act) whereby the land bearing Khasra Plot no. 423 area 1 Bigha 16 Biswa 1 Biswansi situated in Village Malesemau, Pargana, Tehsil and District Lucknow was acquired for the purpose of extension of Amar Shaheed Path, Gomti Nagar, Lucknow.

(3.) A further prayer has been made to declare the land acquisition proceedings with respect to the land has lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act). A further prayer has been made to direct the respondents to release the plot of the petitioner and not interfere in his peaceful possession over the same.