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Om Dutt Sharma And Others v. State Of U.P. And Others - WRIT - C No. 17479 of 2006 [2006] RD-AH 7230 (4 April 2006)


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Court No.1

Civil Misc. Writ Petition no. 17479 of 2006

Om Duta Sharma and others  


State of U.P. and others.


Hon'ble Yatindra Singh, J.

Hon'blr R.K. Rastogi,J.

1. The petitioners' land was acquired  under  the provisions of The U.P.Avas Evam Vikas Parishad Adhiniyam, 1965. An award has also been made.  The petitioners filed   references against the award. Some of the references have been decided. Thereafter appeals have been filed in this  Court. In some of the appeals  the  matter has been remanded back and  some are still pending in this Court. This litigation has not  come to an end. During pendency of this litigation the petitioners also applied for allotment of the land  as displaced persons.  When their case was not considered  they  filed  a writ petition which was disposed of on 26.7.2004 granting them liberty to file  representation before appropriate authorities. The appropriate authority  has rejected the representation on 2.2.2006, hence, the present writ petition.

2. We have heard learned counsel for the petitioners and the Standing Counsel  for the respondents.

3. The allotment of land  to displaced persons is to be made in accordance with the Rules framed under the U.P.Avas Evam Vikas Parishad Adhiniyam. Under these rules  allotment is to be done  by lottery. The order indicates that except  Asha Ram Sharma, none of the petitioners had given the consent for lottery and  as such their names were not included in the lottery in the year 2003. Next lottery is now to be drawn in  the year 2006. The petitioners may apply for inclusion of their names in the lottery.

4. The learned counsel for the petitioners submits that  these rules regarding allotment of plots to the petitioners (whose land was acquired ) by lottery system are ultra-vires.  The petitioners have already been given compensation for  the acquired land. Allotment of plots is  an extra  benefit to them. There is neither any illegality in the Rules nor in the impugned order.

The writ petition has no merit and it is dismissed.




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