HARIJAN SEWAK SANGH Vs. STATE OF U P

JUDGEMENT

(1.) By the Court. Heard Shri GN. Verma, Senior Advocate assisted by Shri R.K. Srivastava, and Shri Krishna Mohan, learned counsel for the petitioners. Shri Ajay Kumar Mishra appears for Allahabad Development Authority. Learned Standing Counsel appears for the State of UP.

(2.) The 'Harijan Sewak Sangh Allahabad' and 'Ishwar Saran Ashram', the societies registered under the Societies Registration Act, 1960, have filed this writ petition through their President Shri R.K. Srivastava, Advocate for quashing - the notification dated 6.3.1987 under sub section (11) of Section 4 of the Land Acquisition Act, 1894 (in short, the Act) with the opinion of the State Government that the provisions of sub section (1) and (1 A) (as amended by U.P. Act No. 22 of 1954) of Section 17 of the Act are attracted and applying sub section (4) of Section 17 of the Act for acquiring the land in village Chandpur Salori, Pargana Chail, District Allahabad, the details of which are given in the notification for planned development scheme'. The notification under Section 6, in furtherance to the notification under sub section (1) of Section 4 read with sub section (4) of Section 17 of the Act, declaring the acquisition of plots mentioned in the notification in the same village was published on 16.4.1987, as annexed as Annexures 3 and 4 to the writ petition.

(3.) A notice under sub section (3) of Section 9 of the Act for taking possession of the land was issued to 'Ishwar Saran Ashram' by the Special Lahd Acquisition Officer, (Nagar Mahapalika), Allahabad dated 27.12.1987, for handing over possession of all 11 plots (namely plot Nos. 312/3,313,316,317,319,320,328/ 1,327,330/1,335 and 336) measuring 13 big has 7 biswa of land.