NIZAM UDDIN Vs. NAGAR NIGAM ALLAHABAD

JUDGEMENT

(1.) BY means of this petition filed under Article 226 of the Constitution of India, the petitioners have challenged the judgment and order dated 2. 8. 2006 passed by the District Judge, Allahabad allowing the misc. appeal filed by the defendant-respondent against the order of the Trial court granting temporary injunction.

(2.) HEARD Sri Murlidhar, Senior Advocate assisted by Sri Lihazur R. Khan appearing for the petitioners, Sri Maya Shankar for respondent No. 1 and Sri A. K. Mishra and Sri B. B. Paul for respondent No. 2.

(3.) RELEVANT facts giving rise to the present dispute are as under: an area of 277. 42 acres of land which includes the suit property falling in Mauza Jahangirabad Uparhar Ganjia, Pargana Arail, Tehsil karchhana district Allahabad was acquired by the State Government in the year 1915 for Municipal Board, Allahabad (Now Nagar Nigam, allahabad) for public purposes namely Sewage plant and drainage. Out of the total acquired land an area 45 hectares was decided to be transferred against consideration of Rs. 11 crores to the Allahabad Development authority vide resolution dated 22. 2. 2005 for development of residential scheme namely, 'nav Prayag'. When the Allahabad Development authority started development of the land for the said purposes the petitioners and several other persons filed various writ petitions before this Court seeking a direction to the respondent not to evict them except in accordance with law. Writ petition filed by the present petitioners was numbered as civil Misc. Writ Petition No. 76191 of 2005 Ahmad Mustafa and 34 others v. State of U. P. and 3 others. All the writ petitions were clubbed together and were dismissed vide order dated 23. 3,2006 with an observation that the petitioners may, if so advised, file a suit for declaration and injunction. The aforesaid order passed by the Division Bench of this Court was affirmed by the Hon'ble Apex Court vide judgment dated 8. 5. 2006.