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SHREE BHAGWAN GOYAL versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Shree Bhagwan Goyal v. State Of U.P. And Others - WRIT - C No. 75900 of 2005 [2005] RD-AH 7541 (14 December 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. W.P. No.  75900 of 2005

Hon'ble Sushil Harkauli, J.

Hon'ble Sabhajeet Yadav, J.

The petitioner's representation to the government for withdrawing for acquisition under section 48 of the Land Acquisition Act, as applicable to acquisitions under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 mentions that although it is claimed by the letter of the Additional District Magistrate (ADM) that possession has been taken but there are no records available regarding taking of possession and according to the petitioner's contention, the petitioner was not taken of the said plots.

Further, according to the petitioner, although the matter was decided by the Supreme Court in 1993 but, no award has been made in respect of the said land.

This raises questions of fact, which may also be considered by the State Government as to whether the possession was actually taken of the plot or not.

The scheme was floated in 1970 and although the matter remained held up because of litigation up to 1993, the matter was decided by the Supreme Court in 1993, yet till date more than 12 years have passed. In the circumstances, considering the above facts, we direct the State Government i.e., respondent No. 1 to examine the representation of the petitioner, verify the facts mentioned therein and any other facts which may be relevant and after giving opportunity of hearing to the petitioner as well as the U.P. Avas Evam Vikas Parishad, pass appropriate reasoned orders on the said representations dated 20.8.2005 and 4.11.2005, within two months of the date on which certified copy of this order along with the fresh representations are presented before the respondent No. 1.

This writ petition is disposed of above.

Dated : December 14, 2005

AM/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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