Allahabad High Court
Baburam And 5 Others vs State Of U.P. And 3 Others on 2 November, 2015
Bench: Arun Tandon, Vipin Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- WRIT - C No. - 59982 of 2015
Petitioner :- Baburam And 5 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Vivek Kumar Singh,Mayank Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Arun Tandon,J.
Hon'ble Vipin Sinha,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the parties and perused the record.
The petitioners before this Court seeks a writ of mandamus declaring the acquisition of their land under notifications dated 18.9.1982 under Section 4 following declaration dated 21.5.1983 under Section 6 of the Land Acquisition Act, 1894 as having lapsed in view of the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The details of acquired land of petitioners has been mentioned in paragraph-4 of the writ petition. It is their case that neither compensation has been paid nor possession has been taken.
Counsel for the petitioners has placed reliance upon the judgment of the Apex Court in the case of Pune Municipal Corporation and Another Vs. Harakchand Misirimal Solanki and others reported in (2014)3 SCC 183.
From the records, we find that the petitioners claim to be co-owners of Khasaras No. 320, 316, 319, 292, 315, 291 situate at Village Gagsona, Pargana Hastinapur, Tehsil Mawana, District Meerut. It is further the case of the petitioners that in the notification under Section 4 of the Land Acquisition Act, 1894 for acquiring the plots was issued on 18.9.1982 followed by notification under Section 6 of the Land Acquisition Act dated 21.5.1983. An award under Section 11 of the Land Acquisition Act in respect of the land so acquired was made as early as on 23.9.1986 and in operating part of the award, reference had been made to the Khasaras on which the petitioners claim to be co-owners.
We find that award regarding the amount of compensation determined along with the interest at the rate of 12% per annum from the date of award to be paid to the concerned tenure holders. The certification thereof has been done at Rs. 50,13,057/- (Fifty Lacs Thirteen Thousand and Fifty Seven only).
The list of tenure holders entitled to the compensation so determined has not been brought on record. We further find that there is no averment in the writ petition, which could suggest as to how on the relevant date the recorded tenure holders of the plots were subject matter of the acquisition. We lastly find that the land was acquired for the purpose of Public Works Department. It has not been disclosed as to whether the land so acquired in the year 1982-83 had been actually put to used by the Public Works Department subsequent to the transfer of the same by the State or not.
The judgment relied upon by the petitioners is clearly distinguishable in the fact of the case.
In view of what has been recorded above, we do not find any good ground to entertain the present writ petition. It is dismissed accordingly.
Order Date :- 2.11.2015
Ashish Pd.
