Court No. - 27 Case :- LAND AQUISITION No. - 43 of 2010 Petitioner :- Hitesh Shukla Respondent :- State Of U.P.Through The Secy. Housing Deptt. Lko.And Ors. Petitioner Counsel :- Sandeep Dixit Respondent Counsel :- C.S.C.,D.K.Upadhyaya Hon'ble Devi Prasad Singh,J.
Hon’ble Yogendra Kumar Sangal,J.
Admit.
Learned Chief Standing counsel has accepted notice on behalf of opposite
parties no. 1 and 2.
Issue notice to opposite parties no. 3 to 5 returnable at an early date.
Four weeks’ time is allowed to file counter affidavit, two weeks for rejoinder
affidavit. List thereafter.
Keeping in view the judgement of Hon’ble Supreme Court in the case of 2001
Vol. 6 SCC 496 Hinch Lal Tiwari versus Kamala Devi as well as
judgement of this Court reported in 2007 (25) LCD 565, Rajendra Vs.
Additional Commissioner, Devi Patan Mandal, Gonda and others, no
construction can be raised over the land which has been recorded for pond,
water harvesting, etc. in revenue record.
The submission is that land in question is recorded as pond in the revenue
record. It is provided that in case, the land in dispute is recorded as pond in
the revenue record no construction shall be raised in any manner whatsoever
till further order passed by this court.
Order Date :- 18.6.2010
Madhu