Allahabad High Court
Braj Mohan And Another vs State Of U.P. And Others on 24 August, 2011
Bench: R.K. Agrawal, Vinod Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- WRIT - C No. - 48215 of 2011
Petitioner :- Braj Mohan And Another
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Pankaj Dubey
Respondent Counsel :- C.S.C.,Nripendra Mishra
Hon'ble R.K. Agrawal,J.
Hon'ble Vinod Prasad,J.
The petitioners' claim to be land owners/farmers of the land in question in Village Nangalasherkhan Urf Jainpur, Pargana, Meerut, Tehsil Meerut Sadar, District Meerut. According to them,a notification was issued on 14.8.1987 under Section 4 read with Section 17(1) & 17 (4) of Land Acquisition Act and subsequently a notification under Section 6 of the said Act was issued on 4.9.1987.
However, the petitioners have contended before us that because of the recent view of the Hon'ble Supreme the Hon'ble Supreme Court, with regard to land acquisition without affording any opportunity and even to place their objections under Section 5-A of the said Act, this writ petition has been filed. They have contended before us that the farmers are cultivating the land till now and except the symbolic possession, no actual possession has been taken with regard to land in question.
On the other hand, learned counsel appearing for the Meerut Development Authority, Meerut has contended before us that the land was acquired for the purpose of industrial development, being adjacent to the industrial area of Meerut. Out of the total land owners, 50 per cent have already received their compensation and they are proceeding for the purpose of completion of the cause as early as possible. The Meerut Development Authority, Meerut has handed over the photo copies of the amount of disbursement of compensation towards various parties. The photo copies will be kept with the record.
In any event, when the arguments were being advanced before this Court, the learned counsel appearing for the Meerut Development Authority, Meerut has drawn our attention towards a letter of the ' Kisan Sangarsh Samiti' of Meerut from which it appears that the farmers are are eager to give their land provided they get adequate compensation under the provisions of the Uttar Pradesh Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules, 1997, which is commonly known as 'Karar Niymawali, 1997. To that extent learned counsel appearing for the petitioners have contended that till date no award has been made nor any compensation has been paid.
Against this background, we are inclined to make a time bound programme to complete the course of action and to protect the interest of farmers vis-a-vis the interest of the State agency. The appearing petitioner/s will make an application before the Collector within a period of 7 days from the date of obtaining a certified copy of the order, if not already made to him. Upon receipt of such application/s, the Collector will independently adjudge the demand of the petitioner/s about settlement of compensation. If necessary he can also make a physical verification of the land to support his independent view. He will also give an opportunity of hearing to all the petitioners and/or their respective pleaders. The Collector will complete all exercise to make his report within a period of 21 days from the date of making application. In case the application is already made, the same shall be considered within a period of 21 days from the date of communication of this order and the same shall be sent to the State, who is the final authority, to take a decision within a period of one month thereafter positively. The decision of the State will be final and binding upon all the parties. Physical possession, if not taken by the Meerut Development Authority,Meerut will be taken only after completion of the course of action, as directed by this order, with regard to settlement of compensation to be paid to the petitioners.
The writ petition is accordingly disposed of, however, without imposing any cost.
Order Date :- 24.8.2011
mt
