PREM SHANKER Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri A.D. Saunders, learned counsel for the petitioner, learned Standing Counsel for the respondent No. 1 and Sri N.C. Tripathi, learned counsel for the respondent nos. 2 and 3. The original petitioner Prem Shanker, who has died during the pendency of the writ petition and is now substituted by his heirs preferred this writ petition praying for the relief of quashing the letters and orders issued by the respondent no. 3-Executive Engineer, Uttar Pradesh Awas Evam Vikas Parishad whereby certain amount had been demanded from the petitioner to be deposited in compliance of the Government Order dated 23rd Jan., 2003. A relief for quashing of the Government Order dated 10.09.2004 has also been prayed for. A mandamus has also been prayed to treat the plot nos. 399, 400 and 411 that were subject matter of acquisition by the Awas Vikas Parishad as exempted from the acquisition proceedings and further not to dispossess the petitioner from the said plots.

(2.) The background in which the aforesaid challenge has been raised is that the said three plots were acquired in 1984 for housing purposes by the respondent-Awas Evam Vikas Parishad in terms of notifications issued under Sections 28 and 32 of the Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam, 1965.

(3.) The petitioner with regard to the aforesaid three plots moved an application for exemption before the respondents upon a report as stated to have called for by the State Government where after an order was issued by the Government on 23rd Jan., 2003, copy of which is Annexure-2 to the writ petition whereby the said three plots were exempted from being utilised for the purpose as indicated in the acquisition, subject to the condition that the petitioner will have to deposit the development/betterment charges. Further conditions were issued as recited therein with regard to the utilisation of the land.