LAWS(ALL)-2019-5-286

DINESH CHAND TIWARI Vs. STATE OF U P

Decided On May 27, 2019
Dinesh Chand Tiwari Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard Sri S.S. Shukla, learned counsel for the petitioner (now petitioners), learned Standing counsel and Sri Swapnil Kumar along with Anadi Kirshna for the UPSIDC.

(2.) The petitioner Dinesh Chand Tiwari now represented by his heirs and legal representatives preferred this petition seeking a direction upon the respondents to handover actual physical possession of plot no. VL-3 having area of 293.50 sq. meters situate in industrial area site-II Loni Road, Ghaziabad after getting it cleared from the illegal possession of the Commercial Tax Department, Ghaziabad.

(3.) It appears from the record that about 0-11-0 Bigha land of khasra no. 152 of Village Arthala, Pargana and Tehsil-Loni, District Ghaziabad was resumed by the State of U.P., in exercise of powers under Section 117 (6) of the U.P. Z.A., and LR.Act, 1950 (in short the Act) vide notification dated 29.12.1969 and after taking possession of the same it was handed over to the Uttar Pradesh State Industrial Development Corporation (in short UPSIDC) on 9.12.1970 whereupon it came to be recorded in the name of UPSIDC.