RAJENDRA KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) The District Magistrate, Kanpur, exercising powers under Section 23 of the Defence and Internal Security of India Act, 1971 (hereinafter referred to as the Act) conferred on him by the U. P. Notification No. 88 (1)/4-l (2)/76 dated 3-6-1976 requisitioned 777 Sq. vds and 7 1/3 Sq. ft. of land comprising of plot Nos. 36 and 36-A situate on the Mall, Kanpur on 29-10-1976 for enabling the State Handloom and Powerloom Finance and Development Corporation Ltd., Uttar Pradesh, Kanpur (hereinafter referred to as the U. P. State Handloom Corporation) for constructing shops and show-rooms over it for its handloom products as it was necessary for maintaining supplies of these products to the business community and thereby rendering services essential to weaving community and protecting them from exploitation by the middle traders. The U.P. State Handloom Corporation, after this requisition, took possession of this land and incurred expenses and constructed show rooms over it. These plots are in fact 'Nazul' plots. The State Government had leased them to Late Sri Jeewan Nath Mehrotra. His adopted son Harihar Nath Mehrotra was the lessee on the dale of requisition.

(2.) The petitioners claim to be in possession of this land as transferees from Harihar Nath Mehrotra. By this writ petition filed on 21-7-1977 they have challenged this requisition of the land by the order dated 29-10-1976 by the District Magistrate. Kanpur. The delay in filing this writ petition has been explained by the petitioner by allegations made in the writ petition that their representation dated 11-11-1976 made to the District Magistrate and to the Chief Minister and another representation dated 15-12-1976 made to the Chief Minister are still pending.

(3.) It is contended on behalf of the petitioners that the requisition of the land is not justified inasmuch as the purpose for which it has been requisitioned is not a public purpose. The shops and show-rooms established on this land are in no way necessary for maintaining supplies and services essential to the life of any community.