Court No. - 35 Case :- WRIT - C No. - 39962 of 2010 Petitioner :- Virendra Singh And Others Respondent :- Awas Ayukta And Others Petitioner Counsel :- A.N. Agrawal Respondent Counsel :- C.S.C.,C.S. Singh Hon'ble Vineet Saran,J.
Hon’ble Anil Kumar,J.
Heard Sri A.N. Agrawal, learned counsel for the petitioners as well
as Sri C.S.Singh, learned counsel appearing on behalf of the
contesting respondents no. 1 and 2 and the learned Standing
Counsel appearing for the respondent no. 3 and have perused the
record.
The petitioners are primarily aggrieved by the notice issued by the
respondent – U.P.Avas Evam Vikas Parishad dated 12.4.2010
under Section 28 of the U.P. Avas Evam Vikas Parishad
Adhiniyam, 1965, which relates to acquisition of certain plots
belonging to the petitioners. As per the scheme of the Act the
petitioners have an opportunity to file their objections to the said
notice, which according to the petitioners, they have already filed
on 11.5.1990.
Sri C.S.Singh, learned counsel for the contesting respondents no. 1
and 2 has very fairly stated that after the objections of the
petitioners have been filed, the Board shall first take a decision as
to whether the scheme under which the acquisition as proposed is
to be abandoned, modified or sanctioned under Section 31 of the
Act. He has further stated that it is only after giving personal
hearing to the petitioners that the Board will finally take a decision
as to whether the notification under Section 32 of the Act for
acquisition of the plots in question is to be issued or not.
Since the objections of the petitioners have yet not been decided,
we are of the view that this writ petition is premature. This writ
petition is thus disposed of with the direction that prior to the
issuance of any notification under Section 32, the objections of the
petitioners shall first be considered and decided.
No costs.
Order Date :-13.7.2010
p.s.