SATISH KUMAR AGARWAL Vs. STATE

JUDGEMENT

(1.) By this petition under Art. 226 of the Constitution, the petitioners have challenged the acquisition of their land in pursuance of the scheme framed under the provisions of U. P. Avas Evam Vikas Parishad Adhiniyam, 1965 (U. P. Act No. 1 of 1966) (hereinafter referred to as the Adhiniyam).

(2.) The petitioners are tenure-holders of plots Nos. 2025, 2030, 2031, 2042, 2043 and 2045 having an area of 2.43 acres and plots Nos. 2017, 2018, 2956, 2957, 2958 and 2962 having an area of 1.41 acres in the District of Mathura. A notice under Sec. 28 of the Act notifying, that the scheme known as Mahauli Bhumi Vikas Evam Grah-Sthan Yojana No. 1 Mathura has been framed, was published weekly in three consecutive weeks, on 20th Oct., 1973, 27th of Oct. 1973 and 3rd of Nov. 1973 in U. P. Gazette and also in the local daily paper Amar Ujala. This notice specified the boundaries of the area which was to be comprised in the scheme and also the date, time and place at which a map of the area, particulars of the scheme and details of the land proposed to be acquired could be seen and the date by which the objections to the scheme could be made. A notice dated 3rd of Nov., 1973 under Sec. 29 of the Adhiniyam was also issued and it is alleged on behalf of the respondents that the notices were served on the petitioners. Objections against the scheme were filed under Sec. 30 of the Adhiniyam and these objections were heard by the Niyo-jan Samiti of the parishad. Thereupon the scheme was submitted by the Board constituted under the Adhiniyam to the State Government for sanction. The State Government, in due exercise of its powers under Sec. 31 (2) of the Adhiniyam and under Sec. 59 of the U. P. Urban Planning and Development Act, 1973 sanctioned the aforesaid scheme published under Sec. 28 of the Adhiniyam, as a Special Yojana No. 1 Mathura Scheme and notification under Sec. 32 (1) of the Adhiniyam was accordingly, issued on 10th of Sept., 1977.

(3.) It has been averred on behalf of the petitioners that in the last week of Feb., 1979 they came to know that their aforesaid plots were being marked and measured by the staff of Avas Evam Vikas Parishad and thereupon they made enquiries and then they discovered that the aforementioned proceedings had been taken in respect of their plots. They then filed the present writ petition.