Smt. Savita Paliwal And Others vs State Of U.P. And Others
2015 Latest Caselaw 5430 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

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Court No. - 10
 

 
Case :- WRIT - C No. - 40450 of 2008
 

 
Petitioner :- Smt. Savita Paliwal And Others
 
Respondent :- State Of U.P. And Others
 
Counsel for Petitioner :- A.P. Paul,Anoop Trivedi,B.B. Paul,Pradip Shankar Pandey
 
Counsel for Respondent :- C.S.C.,Ramesh Upadhayay,Smt. Sunita Agrawal
 

 
Hon'ble Arun Tandon,J.

Hon'ble Harsh Kumar,J.

Heard learned counsel of the parties. 

This writ petition has been filed with the prayer to quash the notification issued under Sections 4 and 6 of the Land Acquisition Act and for not to dispossess the petitioner from the plots in question.

From the Counter affidavit filed on behalf of the respondent no.2 (Aligarh Development Authority), we find that the notice under Section 9(1) of the Land Acquisition Act was issued to the petitioner to collect 80 per cent of the compensation as per Section 17(3-A) of the Act, but the petitioners did not respond. It has been further stated that the total sum of Rs. 4,21,30,090/- has already been paid by the Development Authority to the Special Land Acquisition Officer, which money to be paid to the tenure holders, whose land has been acquired. Lastly, it is stated that the possession of the land had already been taken. Lay out plan of Swarn Jayanti Nagar Extension Scheme, Phase-I has been prepared and the plot of the petitioners falls within the Neeraj Khand of the said scheme. It has been stated that the Development Authority has already incurred an expenditure of Rs. 303.89 lacs towards the said scheme.

Rejoinder affidavit has been filed denying the service of the notice under  Section 9(2) of the Land Acquisition Act.

The petitioners further claim that they are still in possession over the land.

In the facts and circumstances of the case, we find that issues of fact with regard to possession and service of notice under Section 17(3-A) of the Land Acquisition Act are involved. It would be appropriate for the petitioners to approach the respondent no.4, Special Land Acquisition Officer, Aligarh at the first instance. 

Accordingly, this writ petition is disposed of with liberty to the petitioners to file a representation for ventilating his grievances before respondent no.4, Special Land Acquisition Officer  within two weeks along with a certified copy of this order. If such representation is filed, respondent no.4 shall consider the same by means of a reasoned order preferably within eight weeks thereafter. All consequential actions shall be taken accordingly.

Order Date :- 15.12.2015

Ashish Pd.