RISHIPAL Vs. STATE OF U P

JUDGEMENT

(1.) -These are the two writ petitions filed as public interest litigations on same facts and cause of action. Both writ petitions being identical in nature are decided by this common order.

(2.) IT is sufficient to mention the facts of Writ Petition No. 52247 of 2005 for deciding both the writ petitions. Writ Petition No. 52247 of 2005 has been filed by five petitioners claiming themselves to be residents of Block Bisarakh Tehsil Dadri. The case of the petitioners in the writ petition is that 81 villages are covered by U. P. Industrial Area Development Act, 1976 (hereinafter referred to as Act) and by virtue of Section 12A of U. P. Industrial Area Development Act, 1976, no election for constituting panchayats in the said villages can take place. A mandamus has been prayed directing the respondents not to hold proposed election of panchayat in respect of 81 villages which was acquired by the authority. In the supplementary-affidavit filed in Writ Petition No. 52247 of 2005 petitioners, have brought on the record copy of the notification dated 11.7.1989, issued in exercise of power under Section 2 (d) of U. P. Industrial Area Development Act, 1976 read with Section 21 of the U. P. General Clauses Act declaring certain villages in the Industrial Development area as contemplated under Section 2 (d) of the Act.

(3.) BEFORE we proceed to examine the respective contentions of the parties, it is appropriate to set out Sections 2 (d) and 12A of the Act, which are as follows :