MUSAVIR MALIK Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed praying for quashing the entire proceedings of acquisition of plot No.1273- Dha of village Kalli Pashchim, Tahsil Sarojninagar, district Lucknow and to release the land in favour of the petitioner after realization of betterment fee or making award in the light of various Government orders and the resolution passed by the Avas Evam Vikas Parishad.

(2.) In the writ petition certain pleadings have been made referring to the provisions of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It has been urged that in view of the said provisions the fact that in spite of the land having been acquired, no possession has been taken for the past 18 years nor any award has been made and consequently, the petitioners are entitled to return of the land and alternatively, at least to the extent of the constructions that have been raised over the land in dispute may be released on payment of betterment charges.

(3.) Sri Mohd. Arif Khan, learned Senior Counsel for the petitioner has submitted that apart from this the Court may also take notice of the Division Bench judgment in the case of Prahlad Singh and 6 others. v. State of U.P. and 2 others (Writ C-No.15804 of 2016) read with D.O. letter dated 26.10.2015 of the Central Government that has been adopted by the Avas Evam Vikas Parishad for releasing the said land as prayed for by the petitioners.