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Meenakshi Goyal v. U.P. Power Corporation Lucknow & Ors. - WRIT - C No. 78092 of 2005 [2005] RD-AH 8090 (23 December 2005)


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Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This petition has been filed for a direction upon the respondents not to interfere with the peaceful possession of the petitioner over Plot No. 160 measuring area 0.2400 hectare, plot No. 531 measuring area 0.4790 hectare, plot No. 169 measuring area 0.2400 hectare and plot No. 537 measuring area 0.2510 hectare situated in village Chakbabura, Pargana Arail, Tehsil Karchana, District Allahabad.

We have heard the learned counsel for the petitioner and the learned Standing Counsel appearing for respondent No.1 and Sri A.K. Misra, learned counsel appearing for respondent No.2.

The contention of the petitioner is that at the behest of the Allahabad Development Authority, Allahabad (hereinafter referred to as the ''Development Authority') some persons had demarcated an area with the intention to raise constructions. The petitioner has stated that the land in question has not been acquired under any of the Acts dealing with acquisition and nor has the petitioner entered into any agreement with the Development Authority.

It cannot be doubted that the State can take possession only in accordance with the provisions of law and in the absence of any acquisition under any of the Acts dealing with acquisition or in the absence of any agreement with the acquiring body, the petitioner cannot be dispossessed.

In this view of the matter, we direct that the petitioner shall not be dispossessed from the land in dispute except in accordance with law.

The writ petition is, accordingly, disposed of.

Dt/- 23.12.2005



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