G.C.MATHUR, SATISHCHANDRA
Khadim Husain – Appellant
Versus
State of U. P. , Lucknow – Respondent
MATHUR, J. :- These three writ petitions have been referred to this Bench at the instance of a learned Single
Judge as he was of the view that certain Single Judge decisions cited before him required reconsideration. In these petitions the petitioners have challenged the acquisition of their land in pursuance of two schemes which were framed under the U. P. Town Improvement Act, 1919, but were finalised and sanctioned under the U. P. Avas Evam Vikas Parishad Adhiniyam, 1965.
2. In or about the year 1965, the Gorakhpur Improvement Trust framed two housing accommodation schemes the Rustampur-Tiwaripur Housing Accommodation Scheme and the Surajakund Housing Accommodation Scheme. The notices under Section 36 of the Town Improvement Act in respect of the Rustampur-Tiwaripur Housing Accommodation Scheme were published in the U. P. Gazette dated March 13, 1965. The notices relating to the Surajkund Housing Accommodation Scheme were published in the U. P. Gazette dated June 12, 1965. By these notices objections were invited to the schemes. The petitioners filed certain objections. Before these objections could be disposed of by the Improvement Trust, the U. P. Avas Evam Vikas Parish
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