IKRAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Present petition has been filed assailing the order dated 5.5.2014 passed by Collector, Saharanpur rejecting the representation of petitioners, as well as for seeking direction upon the respondents not to interfere in possesssion over Khasra No.12M and 19M measuring 11479.47 sq.mtr situated in Village Fatehpur Jat, District Saharanpur and also for direction to correct revenue records, and record names of petitioners over the land declared vacant in proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (for short "Act No.33 of 1976").

(2.) Brief facts which emerges from the material on record, are that petitioners who are 6 in numbers are sons of late Iqbal, who filed statement under Section 6(1) of the Act, stating that plot no.12 and 19 were his agricultural land and was outside the purview of Act of 1976. Notices under Section 8(3) of the Act was issued on 17.8.1978 stating that out of total area of land measuring 13479.47 sq. mtr., 11479.47 sq. mtr. was being declared surplus leaving behind 2000 sq. mtr. in khasra no.12M and 19M in village- Fatehpur Jat. On 26.10.1978, the competent authority declared the aforesaid land as vacant.

(3.) Notification under Section 10(1) was made on 29.11.1978 and under Section 10(3) on 20.02.1990. Notices u/s. 10(5) were issued on 15.04.1993, however, according to petitioners, the said notices were never served upon them. It is further averred that father of the petitioners till his death, sowed his crop over the land, which is evident from khasra of year 2010-11 and was in complete physical possession over the land. It has further been stated that no notice u/s. 10(6) of the Act was issued by respondents for forceful dispossession of their late father, nor he was dispossessed from the land in question, and they are in complete actual physical possession over the land in dispute till date.