Court No. - 6 Case :- WRIT - C No. - 45439 of 2010 Petitioner :- Saraswati Bal Mandir Prabandh Samiti & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Prem Shanker Tiwari Respondent Counsel :- C.S.C. Hon'ble Prakash Krishna,J.
Notices on behalf of respondents No. 1 to 5 have been accepted by learned
Standing Counsel.
Issue notice to respondent No. 6.
Steps within a week.
One of the contentions is that the land in dispute was transferred to Town
Area Committee and Town Area alloted the land in dispute to the petitioners.
Reference has been made to the minutes of the meeting of the Town Area
filed as annexure-4 to the writ petition. Submission is that if the land was
alloted to Town Area, the proceedings under Section 198(4) of U.P.Z.A. &
L.R. Act cannot be initiated. Apart from the above, an educational institution
is being run over the land in question. The matter requires consideration.
On a deposit of Rs. 20,000/- per annum, the operation of the impugned order
shall remain stayed. The deposit shall be made with the respondent No. 4.
First deposit shall be made on or before 31st August, 2010. The petitioner
shall continue to deposit the damages for each succeeding years on or before
31st August of that year.
In case of default, the stay order shall stand vacated automatically.
Order Date :- 3.8.2010
MK/