ALLAHABAD HIGH COURT
*K. N. Singh, K. N. Seth, Murlidhar, JJ.
Ram Prasad Singh and Others v. State
| Table of Content |
|---|
| 1. requisition rationale under u.p. act. (Para 1 , 2) |
| 2. discussion on legality and prior judgments. (Para 3 , 4 , 5) |
| 3. final dismissal of petitions. (Para 6 , 7 , 8) |
1. A Division Bench of this Court referred these three petitions under Art.226 of the Constitution for hearing to a larger Bench as there was conflict in the two Division Bench decisions of this Court on the question as to whether land could be requisitioned under the U.P. Rural Development (Requisition of Land) Act, 1948, for the purpose of constructing a drain.
2. The petitioners' land in all the three petitions was requisitioned under S.3 of the U.P. Rural Development (Requisition of Land) Act, 1948, (hereinafter referred to as the Act) for the purpose of constructing a drain to facilitate the flow of good water in the rural areas to avoid water logging causing damage to the crops and other property of the residents of the area. The petitioners have challenged the validity of the requisition proceedings by means of these petitions on the ground that under the provisions of the Act, the petitioners land could be requisitioned for purpose which was temporary in nature and it could not be requisitioned fo
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