JYOTI CHATURVEDI Vs. STATE OF U P

JUDGEMENT

(1.) The instant writ petition has been preferred by the petitioners assailing the notification for acquisition dated 20.10.2011 issued under Section 4(1) of the Land Acquisition Act, 1894 in respect of the land of Khata No.989 of village, Behasa, Pargana Bijnaur, Tehsil and District Lucknow as well as the declaration dated 15.11.2012 issued under Section 6(1) of the Land Acquisition Act, 1894. Subsequently the writ petition was amended and the petitioners have further sought a mandamus to the effect that it be declared that the U.P. Gazette Extra Ordinary dated 15.11.2012 is ante dated and its actual date of publication is any date in between 22.11.2012 and 03.12.2012. Further ancillary reliefs have been sought to restrain the respondents from not dispossessing the petitioners from their respective plots as well as commanding the respondents not to demolish the constructions existing over the plot belonging to the petitioners.

(2.) Briefly the facts giving rise to the present petition are that initially Khata No.989/1 and 2 of village Behasa Pargana Bijnaur Tehsil and District Lucknow having an area of 0.3040 hectare belonged to the respondent no.8, namely, Indra Pal.

(3.) Certain lands of village Bargawan and village Behasa Pargana Bijnaur Tehsil and District Lucknow were made the subject matter of acquisition by the State Government by issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 dated 08.07.1987 invoking the urgency clause under Section 17 of the Land Acquisition Act, 1894.