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Chandra Prakash Baghel & Others v. State Of U.P. Thru' Secy. (housing) & Others - WRIT - C No. 56126 of 2005  RD-AH 2007 (22 August 2005)
Civil Misc. W.P. No. 56126 of 2005
Hon'ble Sushil Harkauli J.
Hon'ble Prakash Krishna, J.
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As of today, we are not inclined to grant any kind of interim order, because the petitioners who have approached us in our discretionary equitable writ jurisdiction are admittedly unauthorised occupants of government land and they have made constructions without getting the construction plan sanctioned and today the petitioners have not produced sufficient records to show that they are covered by the rules framed for regularisation of unauthorised occupants as in order to be eligible for regularisation under those rules, each petitioner should be below poverty line, the unauthorised occupied area must be below 100 sq. m., and the occupation must be prior to 1992 in respect of each of the petitioners. The supplementary affidavit may be filed disclosing the income not only of each of the petitioner but also of all their family members. Other details may also be mentioned in the supplementary affidavit and relevant records may be enclosed to show the period of occupation inasmuch as the disputed questions of fact can not be examined in writ jurisdiction.
Dated : August 22, 2005
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