SHYAM KUMAR AGARWAL AND OTHERS versus STATE OF U.P. AND ANOTHER

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Shyam Kumar Agarwal And Others v. State Of U.P. And Another - WRIT - C No. 43393 of 2006 [2006] RD-AH 13436 (11 August 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

                    Court No.10

Civil Misc. Writ Petition No. 43393 of 2006                              

Shyam Kumar Agrawal. . .  . . .  .  . . .. .  . .  . . . . . . . . . .. Petitioner.

                                   Versus

State of U.P. and others . . . . .  . . . . .  . . . .  . . .  . .  . . . .  Respondents.

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Hon'ble A.K. Yog,J.

Hon'ble R.K.Rastogi,J.

Heard  Sri Ravi Kant,  learned Senior Counsel for the petitioners, Sri B. Dayal for respondent no. 2 as well as the  learned Standing Counsel for   respondents no. 1, 3 and 4. None is present for respondent no. 5.

We dispose of this writ petition finally at the admission stage considering the nature of the grievance raised by the petitioners  that certain area of Khasra plot nos. 304 and 305 situate in village Rithani  Tehsil and district Meerut, which is owned  by them and any part of which was never acquired, is sought to be taken over forcibly by Meerut Development Authority.  The case of the petitioners is that the aforesaid land has never been acquired nor any compensation was paid to them.

From the documents filed before this Court it is not possible for this Court to identify the exact  location of the area claimed by the petitioners in the aforesaid plots. To decide the controversy raised by the petitioners  it is necessary to fix area  of  the said plot nos. 304 and 305 which was purchased by the petitioners  over which they claim to be in possession.

The learned counsel for the Meerut Development Authority refers to letter no. 359 dated 4.8.2006 written  by the Addl. District Magistrate ( Land Acquisition ), Meerut ( a copy of which has been filed  as Annexure no. 7 to the writ petition ) wherein the said officer has required Tahsildar, Meerut  to make local inspection and submit a report with  regard to the area  of the plot no. 304 of the said village  which is  required to be left from acquisition. In this view of the matter, we are of the  opinion that the petitioners may approach the Addl. District Magistrate ( Land Acquisition ) Meerut  by filing   a comprehensive  application  along with certified copy of this order as well as complete copy of  the Writ Petition with all Annexures  within three weeks from today and on such application  being filed, as stipulated above, the concerned  authority shall decide the same within six weeks of the receipt of the application as contemplated  above, and record categorical findings by  giving reasons exercising its unfettered discretion on the basis of record before him in accordance with relevant Rules, Government Orders, Scheme/Policy after hearing the parties including the representative of  Meerut Development Authority and such other  person or authority  concerned without being influenced by any of the observations made in this judgment since this court has not entered into merits of the present case.

Till decision of the said application of the petitioners, if filed within the stipulated time, the petitioners and the respondents shall maintain status quo  with respect to the land in question. In case the petitioners fail to file the application within the stipulated time, as directed above, this order shall stand  automatically vacated.

The writ petition is finally disposed of subject to the above directions.

No order as to costs.

Dated: 11. 8..2006

RPP.    

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