RADHEY SHAM & ORS. Vs. STATE & ORS.

JUDGEMENT

(1.) UNDER the " Grow More Food Scheme" 4 Kanal and 16 marlas of land out of the State Land was allotted to the father of the petitioners vide Order No. 711 dated 22.04.2009 Bk. The said scheme was launched in order to make the un -cultivable land cultivable as also to give incentive to the landless persons. The petitioners, in pursuance to this Order have been cultivating the said land. The father of the petitioners pursued his case for transfer of ownership rights under different Government Orders i.e L -B/6 of 1958 read with Government Order No. 434 of 1966 but the revenue authorities did not adhere to the request of the father of the petitioners and declined the prayer. In the meanwhile the father of the petitioners died in June, 2002 and the land in question became the subject matter of acquisition by the respondents for construction of the road. Acquisition proceedings were initiated which finally culminated in passing of the award by the Collector. However, no notice was issued to the petitioners by the Collector under Section 4 of the Land Acquisition Act and their case for compensation was not considered. As a result of this the present writ petition has been filed by the petitioners.

(2.) THE case of the petitioners is that land was allotted to their father under the "Grow More Food Scheme" and under different government orders they were entitled for conferring ownership rights, particularly after issuance of Government Order No. 434 of 1966. This was a statutory duty of the respondents to effect the changes in the revenue record by conferring ownership rights on the petitioners.

(3.) I have heard the learned counsel for the parties.