KUSUM LATA Vs. STATE OF U.P.

JUDGEMENT

(1.) Disputes relates to plot no. 411 area 3-0-0 (3100 sq. yard) situate at village Chhalera Banger, Tehsil Dadri, district Gautam Budh Nagar.

(2.) Petitioners by invoking extra-ordinary jurisdiction conferred by Article 226 of the Constitution have approached this Court challenging the notification dated 24.11.2000 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short the 'Act') as well as declaration made under Section 6 dated 27.3.2001 in respect of the said land. Petitioners claim that they are owners and in possession of the land sought to be acquired and having purchased the same long back from its erstwhile owner along with the constructions standing thereon and their names are duly recorded in the Khatoni.

(3.) A notification under Section 4(1) of the Act for acquisition of the plot in dispute was issued on 28.6.1997. However, no notification under Section 6 of the Act was issued and thus after expiry of period of one year, the notification under Section 4 lapsed. The respondents without completing the process for acquisition by issuing notification under Section 6 of the Act when started to demolish the construction, the petitioners approached this Court by filing writ petition no. 8514 of 1988. A Division Bench of this Court vide order dated 06.03.1998 disposed of the writ petition with the direction that the said construction be not demolished except in accordance with law. The allegation of the petitioners is that despite due notice and knowledge of the order dated 06.03.1998, the respondent no. 2 wrongly and illegally demolished the construction on 09.06.1998. The petitioners filed a contempt petition being Civil Misc. Contempt Petition No. 1778 of 1998 wherein vide order dated 18.06.1998 notices were issued to the respondents to show cause why they may not be punished for disobeying the order of this Court. Subsequently, on an application made by the petitioners, further order was passed on 19.6.1998 restraining the respondents from raising construction over the disputed plot till the next date of hearing. On 22.07.1998 following order was passed :