SAMVIDHAN BAHALI ANDOLAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners in this writ petition are two 1. Samvindhan Bahali Andolan through its 'Advisor' Smt. Saroj Giri and 2. District Bar Association, Allahabad through its 'Secretary' Sri Raghave Singh. The relief sought is that :-a. Section 11 of the U. P. Land Revenue Act, 1901 be declared void as ultra vires in the wake of Articles 254 and 372 of the Constitution of India;b. to quash the impugned declaration of creating six new districts namely, Kaushambi, Maha Maya Nagar, Chhatrapati, Sahuji Maharaj Nagar, Mahatma Budha Nagar and Jyotiba Phule Nagar and Chandoli; andc. commanding opposite parties Nos. 2, 3 and 4 not to proceed further in creating new districts including those declared earlier.

(2.) Shri Gyanendra Mrityunjaya, learned counsel for the petitioners has been heard at substantial length. He has taken the Court through the writ petition, various provisions about which reference shall be made hereinafter and also to the provisions of some of the parallel enactment. Shri Yatindra Singh, Addl. Advocate General has put in appearance in opposition on behalf of respondents Nos. 2 to 4.

(3.) The main argument of the learned counsel for the petitioners is that Section 11 of the U. P. Land Revenue Act, 1901 cannot be protected any longer because of certain provisions contained in the Articles of the Constitution of India. In this connection reliance was placed on the provision of Article 243(a) added through Chapter IX which itself came to be added by the (Seventy-Third Amendment) Act, 1992