HARPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONERS ' case in brief is that they were bhumidhar of land khasra no. 995 of village Shahpur Tigari, tehsil and district Moradabad over which tin shed, well, trees of petitioners are situated. This land was acquired by respondents by notification under section 28 of U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as 'Adhiniyam') on 22 -09 -1984. By letter dated 11 -04 -2011 (Annexure 5 to the writ petition) the respondents U.P. Awas Evam Vikas Parishad tried to take forceful possession of said land. Petitioners had not made any agreement to receive any compensation nor interested to remove the construction or trees over said land. The notification under section 28 of U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 was published on 22 -09 -1984/ 06 -10 -1984 and notification under section 32 of Land Acquisition was published on 09 -02 -1991, therefore after lapse of very long period of time respondents are not entitled to take possession of said land. Therefore present writ had been filed by petitioners with following prayer:

(2.) SRI R.K. Dwivedi, Advocate appearing on behalf of petitioners relied on provisions of Land Acquisition Act, 1894 and contended that under provisions of said Act and new Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 respondents cannot take possession of disputed land. He also relied on Notification No. 1995/ 1 -13 -85 -Ra 9 -13 dated 24 September 1985 and contended that petitioners belonging to Scheduled Caste are entitled to land of same locality in place of compensation.

(3.) SRI C.S.C.Nripendra Mishra appearing for the respondent side had argued that provisions of Land Acquisition Act, 1894 are not applicable in matters relating to acquisition under U.P. Awas Evam Vikas Parishad Adhiniyam, 1965.