CHANDA Vs. STATE OF U P

JUDGEMENT

(1.) THE four petitioners had lands at Village Safipur, Pargana Dhankur, Tehsil Sikandrabad, District Bulandshahr. THE Petitioner No. 1 Smt. Chanda had owned Khasra plot No. 67 (11. 5,0), petitioners No. 2 and 3 were owners of plot No. 14 of 1/2 bighas, and the petitioner No. 4 of Khasra plot No. 66, area 4. 3. 18. THEir land had been acquired for the purpose of constructing the Hindon-Yamuna Dam between kilometres 11. 740 to 12. 140 and for the aforesaid scheme, part of the said plots of the petitioners became the subject-matter of acquisition under the Land Acquisition Act, 1894. Of the scheme of the State Government i. e. , the Hindon-Yamuna Dam and initiating the acquisition proceedings under the Act, aforesaid, there is no issue on record. THE net result of whatever the acquisition proceeding were worth is that in so far as the scheme of the State of U. P. in the Hindon-Yamuna Dam is concerned, the project is complete. THE Dam has been constructed and water Sows into the reservoirs.

(2.) THE petitioners have lost their lands and as Hindon-Yamuna Dam Scheme is complete, possession has been wrested from them. As compensa tion was not being paid to the petitioners, they filed the present writ petition.

(3.) THE only aspect which is now to be examined is whether the purpose of acquisition has in fact been given effect to or not, and if it has not, then, can the petitioners, be restituted to the position as if the land acquisition proceedings were not there ? THE record reveals that the second alternate is not available to the State of U. P. , now.