RAJENDRA PRASAD SHRIVASTAVA Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONERS in this writ petition are challenging the action initiated by the respondents as per notice (P-2) published by the Nazul Officer, Jabalpur to the effect that M. P. Housing Board has required the land mentioned in the notice. Objections were invited, petitioners submit that they are the owners of survey numbers mentioned in Para 5. 2 of the writ petition. Under Urban Land (Ceiling and Regulation) Act, 1976 proceedings were held, petitioners were served with the notice in the year 1980, returns were submitted, the land was being used for agricultural purpose on the appointed day.

(2.) RESPONDENT No. 3 passed the order declaring the land as surplus and benefit of only one unit was given to the petitioners. Master plan came into force in February, 1980 and expired in 1990 in between one of the scheme shown in the master plan came to be implemented and petitioners till date are in possession of the said land and have not been dispossessed, order (P-l) was passed in ceiling case, notice (P-2) has been issued that land is required by the m. P. Housing Board. As the petitioners are in possession of land and they have not been dispossessed pursuant to the order passed in ceiling case, the respondents have no right to take the land.

(3.) RESPONDENT Nos. 1 to 4 in the return contends that decision in atia Mohammadi Begum Vs. State of U. P. (1993) 2 SCC 546, is of no help to the petitioners. Land was declared surplus, final statement was issued on 11-6-85, statement was served upon the petitioners, final statement was published in the Gazette, copy of the order-sheets (R-3) record service on the petitioner, Gazette (R-4) is also relied on. Thereafter the State Government took steps for taking possession of the land declared surplus and case no. 239/a-90 was initiated against the petitioners, notice (R-5) was served on 2-3-1992 and possession was taken as per memo (R-6) from petitioner No. 1, the land has vested in the State free from all encumbrances, Khasra (R-7)records possession of the State, revenue records were corrected, Khasra (R-8)also records the possession of the State.