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2005 Supreme(All) 506

AMITAVA LALA, SANJAY MISRA
Arvind Singh, Late Haridwar Singh, Proprietor of Puja Tent House – Appellant
Versus
State of U. P. – Respondent


Advocates:
Ashok Trivedi, C.P.Srivastava, SAMIR SHARMA,

AMITAVA LAL, J.

( 1 ) ACCORDING to the writ petitioner, he is a licensee in respect of plot of land under the U. P. State road Transport Corporation. Such license was time to time extended. Last of such extension will be ending on 31st December, 2007. The land was uneven and covered with bushes and trees etc. It was totally unfit for use. Since the request of the petitioner to provide certain basic facilities, amenities/regarding water supply, electricity etc. , was not entertained, the same was developed by the petitioner himself at his cost and expenses. The petitioner normally booking such place from third parties for providing them to use the place for ceremonial functions. Several bookings between the periods from 22nd November 2004 and 27th June, 2005 are already existing. Since the petitioner occupied the uneven land which was subsequently converted to a habitable property for making ceremonial programmes etc. with all facilities and amenities, the petitioner accrued right of land under Section 60 of Indian Easement Act 1882. The petitioner accepted all the terms and conditions put by the respondent authorities and deposited increased rental charges etc. , and also ready to g













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