HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - C No. - 44321 of 2015 Petitioner :- Amar Singh & 4 Others Respondent :- State Of U.P. & 3 Others Counsel for Petitioner :- S.K. Tripathi Counsel for Respondent :- C.S.C.,Satyam Singh Hon'ble Arun Tandon,J.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the parties and perused the record.
The petitioners had approached this Court earlier by means of Writ Petition No. 24860 of 2014 for their application made under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 being considered. The writ petition was disposed of requiring the State Government to take a decision on the application so made by the petitioners.
The State Government under the order impugned has recorded that notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as Act, 1894) was published on 31.10.2000, which was followed by notification under Section 6 of the Act, 1894 dated 31.1.2002. It has been recorded that such publication of the notification under Section 6 of the Act, 1894 was well within one year. It has been then held that the names of the petitioners were not recorded in the relevant revenue records on the date, the property was so acquired, accordingly, compensation had not been paid to them.
However, in respect of other land owners whose land had been acquired under the same notifications compensation has been determined on the basis of mutual agreement as the provisions of Land Acquisition (Determination of Compensation and Declaration of award by Agreement) Rules, 1997. Payment has been made to them on 3.1.2009. It has lastly been recorded that the possession of plot is with the Nigam.
Except for referring to the document brought on record as Khasra entry, no other material evidence has been brought on record to establish that the petitioners were in actual possession of the property in question as on the date of the order.
We further find that the award itself records that possession has been taken. The finding in that regard is not under challenge.
We do not find any reason to entertain this petition and it is dismissed accordingly.
Order Date :- 13.8.2015 Ashish Pd.