DROPADI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) -This petition assails the validity of a notice issued to the petitioners by the Tahsildar acting as a Requisitioning Authority under the U. P. Rural Development (Requisition of Land) Act, 1948 ('The Act' hereafter) stating that the land mentioned therein is required for a public purpose and consequently, they may deliver possession thereof to the said authority within ten days.

(2.) THE essential facts lie within a narrow compass. THE petitioners claim that they are tenure holders of two plots, namely, nos.70 and 96 lying in village Bilaspur, district Deoria. THE Tahsiidar, Salempur, district Deoria has, however, issued notices to the petitioners stating that these plots are needed for public purpose within the meaning of the aforesaid Act and that consequently, the petitioners may handover possession thereof within ten days. It is these notices which have been challenged by means of this petition. A counter affidavit has been filed on behalf of the respondents controverting the material allegations contained in the petition.

(3.) THIS notification provides a complete answer to the petitioners' submission. In the counter affidavit it has been stated that the road in question was being constructed for connecting two villages. That obviously is a public purpose within the meaning of the Act designed to improve the life of the community inhabiting the concerned rural areas.