HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- CONTEMPT No. - 2731 of 2009 Petitioner :- Krishna Kumar Upadhayay Respondent :- Mr.A.P.Agarwal & Another Petitioner Counsel :- Mohammad Alam Hon'ble Shabihul Hasnain,J.
Learned counsel for the petitioner has, at the very outset, submitted that due to inadvertence, the Executive Engineer as well as Chief Executive Officer, U. P. Rural Road Development Agency, Lucknow could not be arrayed as opposite parties. He prays that it is a matter of very poor person who is suffering since 2009. He requests that these opposite parties may be allowed to be impleaded on oral request.
Considering exigencies of the case, this prayer of the petitioner is allowed.
Necessary opposite parties, as prayed for, may be impleaded during the course of the day.
Issue notice to the newly impleaded opposite parties.
An order was passed by the Division Bench of this Court on 06.02.2009. It was directed that adequate compensation should be paid to the petitioner in accordance with the Land Acquisition Act. The orders were not complied with. The contempt petition has been filed.
In paragraph 5 of the counter-affidavit, it has been accepted on behalf of the opposite parties that a sum of Rs. 1,62,967/- has to be paid to the petitioner as compensation. A letter has been written by the concerned Executive Engineer to the Chief Executive Officer, U. P. Rural Road Development Agency, Lucknow for payment to the petitioner as compensation.
It is very difficult for a poor person to fight against the might of the State. The petitioner is the poor person and his land has also been taken without any compensation. The same has not been paid despite the Court's order. Two years have passed.
In view of the above, opposite parties are directed to make payment of Rs.1,62,967/- as admitted in para-5 of the counter- affidavit, to the petitioner within a month from today.
List this case on 21.11.2011.
In case the orders are not complied with, all the opposite parties shall appear in person before this Court on 21.11.2011 but in case the orders are complied with, they need not appear.
Order Date :- 17.10.2011/RS.