Laxmi Narain v. Vice Chairman Lucknow Development Authority Lucknow
2016-01-18
D.Y.CHANDRACHUD, RAJAN ROY
body2016
DigiLaw.ai
JUDGMENT The petitioner claims to have been the owner of Gata No 13 admeasuring 1.1010 hectares situated at Village Ahmamau, Pargana, Tehsil and District Jucknow. 2. According to the petitioner, out of this land, only an area admeasuring four bighas four biswas and two biswansis land was acquired by the first respondent for the purpose of Shaheed Path. Hence, it has been submitted that the petitioner continues to be the owner of the remaining area of land which has not been acquired under the provisions of the Land Acquisition Act 1894. The grievance is that the petitioner is not being permitted to cultivate his land by the second respondent, namely the Collector and District Magistrate, Lucknow. 3. In our view, the ends of justice would be met at this stage by permitting the petitioner to apply for a demarcation before the Sub Divisional Magistrate. In the event that the petitioner submits an application in that regard, the demarcation be completed preferably within a period of two months from the submission of the application. Thereafter, based on the result of the demarcation, the petitioner would be at liberty to pursue such remedies as are available including by filing a civil suit in accordance with law. 4. The petition is accordingly disposed of. There shall be no order as to costs.