GAYUR Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners have instituted this writ proceedings for issuance of a writ of mandamus directing the respondents not to compel them to handover the possession of the land, which is said to be declared surplus under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (for short Act No. 33 of 1976)1. They claim to be true and actual owner of this land.

(2.) The facts which emerge from the material on the record are that the petitioners claim to be owner of Plot Nos. 250, 251 and 283M situated in Village Chak Adampur, district Saharanpur. A proceeding under the Act, 1976 was initiated against the father of the petitioners, Yusuf, for declaration of the surplus land. The petitioners' father had filed a statement under sub-section (1) of Section 6 of the Act, 1976. On the basis of the said statement Case/ Suit No. 2201/1976, State v. Yusuf, was registered. A statement under sub-section (3) of Section 8 of the Act, 1976 was issued on 06th November, 1978, wherein total 8196.80 square meters land was proposed to be surplus inclusive of 2000 square meters land from Khasra Nos. 250, 251 and 283 and accordingly, by excluding said 2000 square meters of land, only 6196.80 square meters of land was proposed to be declared surplus. The said statement is said to be served upon the tenure holder on 30th November, 1978 through the process server. In response thereto, the petitioners' father had filed an objection on 12th December, 1978. The Prescribed Authority passed an order on 27th November, 1980 under sub-section (4) of Section 8 of the Act, 1976 and the final statement under Section 9 of the Act, 1976 was issued on 02nd April, 1981. It is stated that it was served on the tenure holder on 06th April, 1981. Thereafter the matter was sent for publication in the Government Gazette in terms of sub-section (1) of Section 10 and sub-section (3) of Section 10 of the Act, 1976 on 28th February, 1983 and 18th December, 1986 respectively. After the notification, a notice under Sub-section (5) of Section 10 of the Act, 1976 was issued on 29th October, 1987 calling upon the tenure holder to surrender the possession. This notice is alleged to be served upon the tenure holder personally by process server on 20th November, 1987. The State claimed that the possession has been taken pursuant to the said notice under sub-section (5) of Section 10 of the Act, 1976 on 31st November, 1987, the name of the State Government has been recorded in the revenue record on 06th March, 1993 and the surplus land has been handed over to the Saharanpur Development Authority, Saharanpur on 29th June, 2002.

(3.) It is asserted by the petitioners that they are still in physical and cultivatory possession of the land which has been declared surplus. The petitioners have also averred that no notice under sub-section (5) of Section 10 of the Act, 1976 was issued to the petitioners and they have never signed any document regarding the delivery of possession. It is also averred that no forceful possession under the provisions of sub-section (6) of Section 10 of the Act, 1976 was taken by the State from the petitioners or actual tenure holder (father of the petitioners). The petitioners have also averred that they have not received any compensation of the land, which has been declared surplus. It is further stated that for the first time the name of the State Government was mutated in the revenue records on 06th February, 2008, after about ten years of coming into force of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Act 15 of 1999)2. It is stated that the State Government is alleged to have transferred the land in favour of the Saharanpur Development Authority on 29th January, 2002, much after coming into force of the Repeal Act. In the Dakhalnama it is clearly recorded that the land is agricultural land, which shows that at the time of handing over possession to the Saharanpur Development Authority the land was not an urban land and it was agricultural land. The petitioners claim that they are still in possession.