Court No. - 34 Case :- WRIT - C No. - 22192 of 1992 Petitioner :- Roop Ram & Others Respondent :- M.D.A. & Others Petitioner Counsel :- Y.K. Sinha Respondent Counsel :- S.C.,B. Dayal Hon'ble Prakash Chandra Verma,J.
Hon’ble Ram Autar Singh,J.
Counter affidavit filed today is taken on record.
By means of this writ petition, the petitioners have prayed for a
writ of mandamus commanding the respondents not to interfere in
the peaceful possession of the petitioners from the Abadi land
which is situate at Abadi no.585-A.
Learned counsel for the petitioners raised an objection that the
land has been acquired under the provisions of Land Acquisition
Act and the possession cannot be taken on the ground of interim
order granted by this Court.
Learned counsel for the petitioners submits that there is a
Government Order which provides for exemption of Abadi Land
from acquisition. However, the Government Order has not been
complied as yet.
Therefore, the writ petition is disposed of with a direction to the
Chairman of the Authority who shall consider the representation of
the petitioner contained in Annexure-5 to the writ petition and the
Government order if any be exempted from Abadi land as defined
under the Village Abadi Adhiniyam,1948.
Till the decision of the representation by the Chairman, the interim
order granted by this Court shall continue to operate.
Order Date :- 21.7.2010
V.Shepherd