Court No. - 35 Case :- WRIT - C No. - 40424 of 2010 Petitioner :- Smt. Seema Kashyap And Others Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Neeraj Kumar Tripathi Respondent Counsel :- C.S.C.,Brijesh Ojha Hon'ble Vineet Saran,J.
Hon’ble Ran Vijai Singh,J.
Learned counsel for the petitioners is permitted to delete the
Respondent no.4 from the array of parties.
Connect along with the record of Civil Misc. Writ Petition
No.23338 of 2010.
Learned Standing counsel has accepted notice for the respondents
no.1 and 2 and Sri K.P.Singh for respondent no.3. They pray for
and are granted a month’s time to file counter affidavit. The
petitioners shall have two weeks thereafter to file rejoinder
affidavit. List immediately thereafter.
Learned counsel for the petitioners apprehends that even prior to
the issuance of the notification under section 6 of the Land
Acquisition Act, the respondents may take possession of the land
in question. The submission of the learned counsel for the
petitioners is that the respondents are threatening to take over the
possession of the land in question. This has been disputed by Sri
P.K.Singh, learned counsel appearing on behalf of the
Development Authority, who has submitted before the Court that
unless there is a notification under section 6 of the Land
Acquisition Act, there is no question of taking over the possession.
In view of that the application for interim relief is not being
considered at this stage.
Order Date :- 2.8.2010
dps