Court No. - 35 Case :- WRIT - C No. - 2183 of 2010 Petitioner :- Smt. Durgawati Respondent :- State Of U.P. & Others Petitioner Counsel :- Pankaj Kr. Tyagi,Smt. Archana Tyagi Respondent Counsel :- C.S.C.,Ramendra P. Singh Hon'ble Devendra Pratap Singh,J.
Hon’ble Mrs. Jayashree Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel and Sri
Ramendra Pratap Singh for respondent nos. 2 and 4.
This petition is directed against an order dated 24.11.2009 by which the
representation of the petitioner for exemption of his land from acquisition has
been rejected.
It is urged that the petitioner’s abadi is standing on the disputed land and
therefore, it should be exempted.
It is evident from the record that section 4 notification was made in March,
2008 and there is a finding in the impugned order that at the relevant time,
there were no constructions standing therein and the petitioner and his co-
sharer were using the land only for agricultural purposes and had sown at
least two crops in the disputed land.
Learned counsel for the petitioner has relied upon a report of November, 2008
to show that the constructions were standing . He has failed to point out any
evidence whatsoever to show that the constructions were standing at the time
of section 4 notification. Even otherwise, the learned counsel for the
respondent has produced a possession memo to show that the possession of
the disputed land has already been taken on 26.2.2009. Thus, even on this
core, no exemption can be granted.
No other point has been urged.
In view of the aforesaid, no case for interference is made out. Rejected.
Order Date :- 19.1.2010
AU