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2002 Supreme(All) 1303

U.S.TRIPATHI, G.P.MATHUR
PATHAROO – Appellant
Versus
U. P. AWAS EVAM VIKAS PARISHAD – Respondent


Advocates Appeared:
Pankaj Mithal, R.K.YADAV, Shashi Nandan

G. P. MATHUR, J.

( 1 ) THESE writ petitions under Article 226 of the Constitution have been filed for quashing the notifications dated 14. 9. 1983 and 3. 6. 1987 issued under Sections 28 and 32 respectively of U. P. Awas Avam Vikas Parishad Adhiniyam, 1965. A further prayer has been made that a writ of mandamus be issued declaring the entire acquisition proceedings under the impugned notifications as having lapsed and the respondents be restrained from interfering in the possession of the petitioners over the plots in dispute.

( 2 ) THE U. P. Awas Evam Vikas Parishad (hereinafter referred to as the Parishad) floated a scheme known as Bhumi Vikas and Grih Asthan Yojna in Azamgarh and a notification under Section 28 of U. P. Awas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the Adhiniyam)was issued on 14. 9. 1983 inviting objections to the scheme within 30 days. The notification mentioned the boundaries of the area comprising in the scheme. After the scheme had been sanctioned by the State Government, a notification under Section 32 of the Adhiniyam was published in the Gazette on 3. 6. 1987. Thereafter, the State Government on 17. 7. 1991, exercising power under S



















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