C.K.PRASAD, DILIP GUPTA
Globe Metal Industries – Appellant
Versus
State of U. P. – Respondent
1. THESE three writ petitions have been filed for quashing the proceedings for acquisition of certain plots under Sections 28 and 32 of the U. P. Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the ''parishad Act') as well as for a declaration that the acquisition proceedings have lapsed. The petitioners have also prayed that the respondents should be restrained from interfering with the peaceful possession of the petitioners over such plots.
2. THE acquisition under challenge was initiated by 'the Uttar Pradesh Avas Evam Vikas Parishad' (hereinafter referred to as the ''board') for execution of the housing and land development scheme framed by it called "manjhola Bhumi Vikas Evam Grihsthan Yojana No. 4 (Part-II) Moradabad" (hereinafter referred to as the 'scheme'). The Board prepared the notice dated 22nd September, 1984 under Section 28 (1) of the Parishad Act and published this notice in the U. P. Gazette on 6th October, 1984. Subsequently, after considering the objections filed against the proposed acquisition, the Board published the notification dated 11th January, 1991 in the Gazette on 9th February, 1991. This notification under Section 32 (1)
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