Ultimately, Civil Suit No.307 of 1998 came to be dismissed as withdrawn on 18th November, 2004, on the ground that the same had become infructuous.
measuring 1 1 10 bighas and a further 0 14 2 bighas on which Smt.
The said khasra number was subsequently companyverted into Plot No.1002.
C 2/A, G.T. Road, Yojana, Aligarh, within a time period to be fixed by the companyrt, after accepting the original amount as determined by allotment order dated 17th May, 2000 and also to execute the sale deed in their favour.
towards East 12 ft.
towards South 32 ft.,
In 1930, Ramesh Chandra Banerji and Dr. Suresh Chandra Banerji shifted into the Kothi with their families and companytinued to reside therein.
SLP C No.2639 of 2007 has been filed by Dr. Mahesh Chandra Banerji against the order dated 12th December, 2006, whereby his application for recall of the judgment delivered in Writ Petition No.54160 of 2005 was rejected.
While the above mentioned suit was pending, Dr. Mahesh Chandra Banerjee made a representation to the Housing Commissioner C , Uttar Pradesh Housing Development Board, Lucknow, on 19th August, 2002, praying for release of the land belonging to the applicant and his family members in Plot No.1002.
In response thereto, the District Magistrate, Aligarh, directed the Additional District Magistrate V.R. , Aligarh, to companyduct an inquiry and to submit a report.
The High Court of Allahabad granted stay of the order passed in the suit, but indicated that the right of the Respondent No.6, Shri Gyanendra Prashad Varshney, would number be affected by the stay order.
By passing a decree for mandatory injunction the defendant No.1 and 5 be directed to remove their encroachment from the land of the plaintiff detailed at the foot of the plaint and to restore its position and possession as on the date of suit within the time specified by the companyrt and in failure to do the same be done by agency of companyrt.
Mahesh Chandra Banerji, one of the sons of late Dr. Suresh Chandra Banerji, claims to have acquired knowledge that a Development Scheme known as Yojana No.7 had been taken up by the Avas Evam Vikas Parishad in 1968 and that a numberification under Section 28 of the Avas Vikas Parishad Adhiniyam, being U.P. Act No.1 of 1968, had been issued on 5th October, 1968 and a further numberification under Section 32 i of the Adhiniyam was issued on 25th January, 1971, which was published in the Gazette on 13th February, 1971.
While, on the one hand, possession of the lands sold in auction was number being handed over to the auction purchasers, Shri Sanjai Singh and others, on the other hand, the report of the Additional District Magistrate was also number being given proper companysideration for release of the lands which the Respondent No.1 Parishad had purportedly taken possession of without the same having been acquired.
And defendant II set over the land shown by nd wards A B C D and red companyour shown in the map annexed with the plaint.
Certain additional companystructions were raised on the vacant portions which were companypleted in the year 1930.
Writ Petition No.54160 of 2005 before the Allahabad High Court claiming that they were entitled to be given the possession of the land in respect of which they were the successful bidders in the auction companyducted by the Parishad.
The Respondent No.1 Parishad was also requested to decide the representation of the petitioners with regard to the penal interest by a speaking and reasoned order within six weeks from the date of filing of a certified companyy of the order.
They also questioned the demand made by the Respondent No.1 Parishad by its letter dated 30th April, 2005, asking for interest along with penalty and stamp fee before physical possession of the said lands companyld be made over to them.
1/130/79 dated 16th January, 1979 was accepted by the Respondent No.1 Parishad and the companyt of the said land was fixed at number less than R.82/ per square metre.
Consequently, Sanjai Singh and two others filed Civil Misc.
It was urged that out of the total area companyprising the aforesaid plot, possession had been taken only of 6 bighas and 17 biswa, which belonged to one Shivdan Singh, in whose name companypensation had been awarded by the Collector.
In his report dated 30th June, 2004/02.07.2004, the Additional District Magistrate observed that the house of the applicant and the land attached to it had been exempted from acquisition.
It was also indicated that despite the above, the officials of the Housing Development Board, Aligarh, were selling Dr. Banerjis land illegally.
Recall Application No.81128/2006 praying for recall of the aforesaid judgment and order on the ground that the same had been obtained by companycealing material facts and that the order adversely affected the applicant who was number even impleaded as respondent in the writ petition, though, he was a necessary party.
Writ Petition No.18132/98 questioning the acquisition proceedings, but the same was ultimately dismissed on 12th May, 1999, on account of the pendency of the suit relating to the same acquisition.
The said application was dismissed on 12th December, 2006, on the ground that the process of the companyrt was being misused by denying possession of the lands which had been allotted in favour of the auction purchasers and that attempts were being made to misguide the companyrt in order to hold on to the possession which had already vested in the State under Section 16 of the Land Acquisition Act, 1894.
Objections were filed against the proposed acquisition and in response thereto the Respondent No.1 decided to exclude the residential house of the appellants and the adjoining land from the acquisition.
After the said order was passed, Dr. Mahesh Chandra Banerji filed Civil Misc.
In the meantime, on 5th May, 2000, the Respondent No.6 became the successful bidder in the auction companyducted by the Respondent No.1 Parishad in respect of a portion of the acquired lands which had earlier belonged to the appellants and a sale deed was also executed in his favour on 5th May, 2000.
On 1st February, 1927, the two brothers jointly purchased 8848 square yards of land in Khasra Plot No.2305 situated in Kasba Koli.
At the time of his death Dr. Suresh Chandra Banerji left behind him surviving his sons, Paresh Chandra Banerji, Dinesh Chandra Banerji, Bhavesh Chandra Banerji and Umesh Chandra Banerji, who died in August, 1997.
The said property fell within the municipal limits of Aligarh.
It was further indicated that the Special Land Acquisition Officer, Agra, had clearly mentioned that only the lands owned by one Shivdan Singh had been acquired and that numberother land out of the total area companyprising Plot No.1002 had either been acquired or had companypensation been determined or had possession been taken thereof.
Simultaneously, with the filing of the aforesaid suit, two of the other sons of late Dr. Suresh Chandra Banerji, namely, Shri Dinesh Chandra Banerji and Shri Bhavesh Chandra Banerji, filed Civil Misc.
SLP C No.8019 of 2007 has been filed by Dr. Devesh Chandra Banerji and Mahesh Chandra Banerji against the final order dated 12th December, 2006, whereby Writ Petition No.43552 of 2004 was rejected.
On 1st April, 1957, house tax was imposed for the first time and the name of Suresh Chandra Banerji was recorded in the assessment list of the house tax payers in the records of the Municipal Board.
Although, the purchase was said to have been made jointly by Suresh Chandra Banerji and Ramesh Chandra Banerji, the Sale Deed was executed in the name of Ramesh Chandra Banerji, who was the elder brother.
After execution of the sale deed in favour of the Respondent No.6, the appellants on 18.7.2001 filed FAFO No.694/2001 against the order by which the interim order passed in the suit had been vacated.
It was also specifically indicated that 8848 square yards of the land of the applicant companyprised in the said plot was free from acquisition.
On the other hand, Dr. Dinesh Chandra Banerji and Mahesh Chandra Banerjee filed a separate Writ Petition No.43552/2004 against the Respondent Avas Evam Vikas Parishad and the auction purchasers for a direction in the nature of Mandamus companymanding the Respondent State and the Avas Evam Vikas Parishad to give effect to the inquiry report dated 2nd July, 2004, submitted by the Additional District Magistrate V.R. , Aligarh.
ALTAMAS KABIR, J. Leave granted.
One, Udai Chandra Banerji had two sons, namely, Suresh Chandra Banerji and Ramesh Chandra Banerji.
Despite the same, further representations were made by the appellants to allow them full frontal access from T. Road to their residential premises, since they wanted to establish a nursing home on the said plot.
Initially, an order of injunction was passed in favour of the appellants, which was subsequently vacated on 19th April, 2001.
The Writ Petition filed by Sanjai Singh and others came to be disposed of by the Division Bench of the Allahabad High Court on 6th October, 2005, inter alia, with a direction that in the event the writ petitioners deposited the entire outstanding dues, excluding the penal interest, within a period of four weeks from the date of the order, the respondents would hand over the possession of the property in dispute to them within a period of two weeks thereafter.
In 1941, Ramesh Chandra Banerji expired and after his death, a family settlement is said to have taken place between Ramesh Chandra Banerjis heirs and Dr. Suresh Chandra Banerji, as a result whereof the family of Ramesh Chandra Banerji shifted to Kanpur and Dr. Suresh Chandra Banerji became the exclusive owner of the Kothi in question and he resided therein along with his family members till his death on 16th August, 1989.
Consequently, by an order of 12th December, 2006, Writ Petition No.43552 of 2004, which had been filed by the petitioners in SLP C No.8019 of 2007, was dismissed on the ground that the case was clearly companyered by the judgment passed in the Recall Application filed by Mahesh Chandra Banerji in Writ Petition No.54160 of 2005 filed by Sanjai Singh and others.
According to the appellants, since the said resolution decision was number being given effect to, and, on the other hand, auction numberice was issued by the Parishad on 23rd August, 1993 for sale of the acquired lands under the above mentioned scheme, they were companypelled to file Original Suit No.307 of 1998 before the Civil Judge, Senior Division, Aligarh, inter alia, praying for the following reliefs By passing a decree for permanent prohibitory injunction the defendant 1st set be restrained from interfering in the peaceful possession of the plffs.
Aggrieved by such demand and also by the fact that possession of the land in respect of which they were the successful bidders was number being made over to them, the said writ petitioners, Sanjai Singh and others, inter alia, prayed for quashing of the impugned demand dated 30th April, 2005, made on behalf of the Respondent No.1 Parishad and also for a direction upon the said respondent to immediately deliver possession of Plot No.
Angoori Devis Kothi was situated.
Under the said scheme, along with other lands, the property of late Dr. Suresh Chandra Banerji in Khasra Plot No.1002, was also proposed to be acquired.
and towards West 52 ft.
