Dharmi Devi vs District Magistrate, Udham Singh Nagar & Another

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

According to the petitioner, she purchased a piece of land situate in Village Khurpiya Farm, Tehsil Kichha, District Udham Singh Nagar from Smt. Leelawati W/o Shri Radhey Shyam Yadav, on 5.08.2012. After constructing a house over the land, petitioner is residing therein.

By means of this writ petition, petitioner has sought the following relief:-

“(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to restrain the respondent no.2 from interfering with the peacefully residing of the petitioner and further they may restrain from demolishing the petitioner’s house situated at Village Khurpiya, Tehsil Kichha, District Udham Singh Nagar.”

It is the contention of the learned counsel for the petitioner that authorities of State Industrial Development Corporation Ltd.-respondent no.2 are going to demolish the house of the petitioner.

Shri Vipul Sharma, learned counsel appearing for SIDCUL submits that land in question, over which petitioner has constructed her house, was declared surplus in proceedings under U.P. Imposition of Ceiling on Land Holdings Act, 1960 and was vested with the State Government. He further submits that purchase, if any, made by the petitioner, is without any authority of law, as a land which is declared surplus cannot be purchased by any individual. He further submits that the State Government has transferred 1007 acres of land to SIDCUL for developing an industrial park, on payment of Rs. 158.00 Crores, out of which, a sum of Rs. 100.00 Crores has already been paid by respondent no.2 to the State Government. Thus, according to him, petitioner has no right to stay over the land in question, as an industrial park is to be developed over the same.

Be that as it may, petitioner has invested her lifetime savings in constructing the house, and if her house is demolished without any notice to her, that will be very harsh on her. In such view of the matter, writ petition is disposed of with the following directions:-

i) Respondent no.2 shall issue a notice to the petitioner as early as possible, but not later than two weeks from the date of production of certified copy of this order.

ii) Petitioner shall submit her reply to the notice within two weeks from the date of receipt of the notice.

iii) The Competent Authority in SIDCUL shall thereafter pass an order upon considering the reply submitted by the petitioner within three weeks thereafter.

iv) Till final order is passed by the Competent Authority upon considering petitioner’s reply, status quo qua the land in question shall be maintained.