KARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) RAVI S. Dhavan, J. The three petitioners, Karan Singh, Ram Singh and Sanwal Singh, have filed this writ petition to challenge acquisition proceedings in pursuance of notifications under the Land Acquisition Act, 1894. The notification under Sec tion 4 was issued on 7th February 1984. The notification under Section 6 was issued on 3rd May, 1986. These were followed by further notifications.

(2.) AN interim order of the court passed on 9th September 1986 directed that during the pendency of the writ petition the dispossession of the petitioners from three plots No. 164, 179 and 180 situate in village Kishanpur, Pargana and Tehsil Koil, District Aligarh shall remain stayed.

(3.) IN the case before the High Court, the land was acquired for the cooperative society, i. e. , the respondent No. 3, Sanjay Gandhi Memorial Sahakari Avas Samiti, Aligarh. The State has not joined in with public funds in the acquisition proceedings. The balance which remains, is use of sovereign powers in the aid of the society to acquire land and, thereafter, distribute it amongst its constituents or the members of the society. The present case is in a worse situation than the one is which the Supreme Court had rendered its decision in the matter relating to Srinivasa Co. House Building Society (Supra ).