Akhtar Hussain vs State Of U.P. & 2 Others
2015 Latest Caselaw 2357 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 53024 of 2015
 

 
Petitioner :- Akhtar Hussain
 
Respondent :- State Of U.P. & 2 Others
 
Counsel for Petitioner :- Harsh Vikram,D.V. Jaiswal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ashwani Kumar Mishra,J.

Heard learned counsel for the parties.

From the records of the present petition, we find that notification under Section 4 of the Land Acquisition Act was issued on 18.9.1982. The award in respect of the land acquisition proceedings was made on 24.10.1986 under Section 11 of the Act.

Petitioner in pargraph 9 has stated that compensation has been paid to somebody else and not to the father of the petitioner. On the said plea, he comes up with the prayer that in view of all Right to Fair Compensation and Transparency in land acquisition, Rehabilitation and  Re-settlement Act, 2013, which came into force with effect from 1.1.2014 (hereinafter referred to as New Act)  and the proceedings of acquisition shall lapse.

We are of the considered opinion that this writ petition appears to be wholly misconceived. The details of the person to whom compensation was paid has not  been disclosed before this Court. We are not able to understand as to how the father of the petitioner kept silent for a period of 14 years even after the award, when money was not paid to him but to someone else.

We do not find any good ground to entertain this writ petition. It is accordingly dismissed.

Order Date :- 16.9.2015

Ashish Pd.