PRAKASHWATI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition arises out of proceedings for acquisition of petitioners' plots under the provisions of Uttar Pradesh Avas Avarn Vikas Parishad Adhiniyam, 1965 (U.P. Act No. I of 1966).

(2.) The petitioners claim ownership in plots Nos. 316, 317, 318 and 320, situate on Delhi Road, Saharanpur. It has been alleged that on plots Nos. 316 and 317 there exists a Charitable clinic and dispensary which has been running for several years. The opposite parties are trying to take the petitioners' plots without serving requisite notice regarding acquisition of the petitioners' land as contemplated by the provisions of the above-mentioned Act, therefore, the acquisition proceedings regarding the petitioners' land stand vitiated in law being against the principles of natural justice. According to the petitioners they came to know about the acquisition of their land for the first time in February, 1981. Thereafter an objection was filed before the opposite party No. 2 iu the present writ petition regarding exemption of plot No. 316 and claim for compensation in respect of other plots at the rate of Rs. 100/- per sq. yard. A letter dated 21-8-1981 was also sent to the opposite party No. 2 for deciding the petitioners' objection (see Annexure IV attached with the writ petition). On 5-9-1981, the petitioners received a communication whereby it has been learnt that the petitioners' plots Nos. 316 and 317 were exempted from acquisition and that they would not get any compensation with regard to the aforesaid two plots, namely plots Nos. 316 and 317 (see Annexure V). It appears that thereafter the petitioners wanted to make certain constructions iu connection with the charitable clinic. The officers of the opposite party No. 3 in the present writ petition tried to interfere on the allegations that the aforesaid two plots had also been . acquired by them, therefore, no construction should be raised on the aforesaid two plots. On 15-1-1982 Dr. A. K. Mittal, complained to the opposite party No. 2 about the wrong action of the officers of the opposite party No. 3 as is evident from Annexure VI attached with the writ petition. Annexure VII dated 1-3-1982 is a letter written by Shri D. C. Saxena, Special Land Acquisition Officer Illrd, Meerut (opposite party No. 3 in the present writ petition) on the complaint made by Dr. A.K. Mittal. In this letter it has been indicated that the earlier order dated 5-9-1981 was not available on the record. The petitioner No. 1 also made an application to the opposite party no, 3 for exemption of plots Nos. 316 and 317 and averred that the officials of Isthaniya Avas Vikas illegally interfered with the petitioners' possession over plots Nos. 316 and 317 against the order dated 5-9-1981 and they should be restrained from interfering with the possession of the petitioners. Again in June, 1982 the officers of the Parishad orally informed the petitioners not to raise any construction over their plots Nos. 316 and 317, therefore, the present writ petition on the ground that the acquisition proceedings regarding the petitioners' land are violative of the principles of natural justice and against the mandatory provisions of U.P. Act No. I of 1966.

(3.) The claim of the petitioners has been contested by the opposite parties on the ground that the petitioners' plots have been acquired strictly in accordance with law and that the order dated 5-9-1981 relied upon by the petitioners was a forged document and was obtained in collusion with the previous Special Land Acquisition Officer, therefore, the writ petition should be dismissed.