HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- WRIT - C No. - 53817 of 2015 Petitioner :- Surjee Respondent :- State Of U.P. & 2 Others Counsel for Petitioner :- D.K. Mishra Counsel for Respondent :- C.S.C.,Mahendra Pratap Hon'ble Arun Tandon,J.
Hon'ble Ashwani Kumar Mishra,J.
Notification under Section 4 of Land Acquisition Act, 1894 in respect of the plots in question was admittedly issued on 19.3.1991. Notification under Section 6 of the same Act was issued on 17.5.1991. It is also admitted on record that award was made some time in the year 1999. The petitioner states that he has taken compensation in terms of the award in respect of the land which has been so acquired, (Ref. para 19 of the writ petition). It is, however, contended that actual possession of the plot has not been taken and therefore, proceedings would lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
We, in the facts of the case, are of the opinion that factual issue with regard to actual possession of the plot having been taken or not can more appropriately be examined by respondent no.3, at the first instance.
In view of the aforesaid, we dispose of the present writ petition, by providing that the petitioner may make a representation, ventilating all his grievances supported by such documents as may be advised, before the respondent no.3 within two weeks from today alongwith a certified copy of this order. On such representation being made, the respondent no.3 shall consider and decide the same in accordance with law by means of a reasoned speaking order, preferably within eight weeks from the date the representation is made after affording opportunity of hearing to Ghaziabad Development Authority.
Order Date :- 18.9.2015 Ashish Pd.