Case Note & Summary
The case involved a batch of writ petitions filed by the petitioners questioning the applicability of Sections 28 and 32 of the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 to certain lands under acquisition. The Supreme Court noted that the matter raised was purely factual in nature. The court clarified that such questions of fact are not suitable for investigation in writ petitions filed under Article 32 of the Constitution of India. As a result, the court dismissed the writ petitions, indicating that the petitioners did not establish the relevance of the cited sections to their case. The court ordered that no costs be imposed.
Headnote
A) Administrative Law - Writ Petitions - Applicability of Statutory Provisions - U.P. Avas Evam Vikas Parishad Adhiniyam, 1965, Sections 28, 32 - The court held that the question regarding the applicability of specific sections to the lands under acquisition is a pure question of fact, which is not investigated in writ petitions under Article 32. Consequently, the writ petitions were dismissed without costs (Paras Not mentioned).
Issue of Consideration
Whether Sections 28 and 32 of U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 apply to the lands under acquisition.
Final Decision
The Supreme Court dismissed the writ petitions, stating that the applicability of the sections in question was a factual matter not suitable for determination in writ proceedings under Article 32.
Law Points
- Writ petitions
- Article 32
- land acquisition
- U.P. Avas Evam Vikas Parishad Adhiniyam
- 1965
