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Shyam Kumar Agarwal And Others v. State Of U.P. And Another - WRIT - C No. 43393 of 2006  RD-AH 13436 (11 August 2006)
Civil Misc. Writ Petition No. 43393 of 2006
Shyam Kumar Agrawal. . . . . . . . . .. . . . . . . . . . . . . .. Petitioner.
State of U.P. and others . . . . . . . . . . . . . . . . . . . . . . . Respondents.
Hon'ble A.K. Yog,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
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