Ram Kripal And Ors. vs Union Of India Through Secy.Road & ...
2018 Latest Caselaw 2200 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 
Case :- LAND ACQUISITION No. - 18689 of 2018
 
Petitioner :- Ram Kripal And Ors.
 
Respondent :- Union Of India Through Secy.Road & Tansport And Ors.
 
Counsel for Petitioner :- Hanumant Lal Yadav
 
Counsel for Respondent :- C.S.C.,A.S.G.
 

 
Hon'ble Vikram Nath,J.

Hon'ble Rajesh Singh Chauhan,J.

On 23.07.2018, we had passed the following order:-

"Heard learned counsel for the petitioner and Sri Dipak Singh, learned brief holder for the State-respondents.

The limited relief prayed for by means of this writ petition is that appropriate direction be issued to the respondents to comply with the award of the Arbitrator/ Collector, Pratapgarh dated 06.02.2018, Annexure No.6 to the writ petition, which has been passed pursuant to the direction issued by this Court on 06.01.2017 in Writ Petition No.18416 (L/A) of 2016.

According to learned counsel for the petitioners, additional compensation has been determined in favour of the petitioners by the aforesaid award of the Arbitrator but despite lapse of almost more than four months, the payment of enhanced amount has not been made so far.

We, accordingly require learned brief holder to obtain instructions in the matter within two weeks and file affidavit to that effect explaining the reason as to why the payment of enhanced amount has not been made.

List/ put up this case in the additional cause list on 13.08.2018."

Sri Manish Mishra, learned Standing Counsel, upon instructions, states that the petitioner Nos.1, 2 & 3 and 5 to 7 have since been received the payment on 13.08.2018. However, petitioner No.4, Ram Sukh Ram, could not be paid the amount as he did not furnish the informations and the documents so required.

Learned counsel for the petitioners, in response, submits that only the compensation as determined by the Arbitrator has been paid but 12% interest and 100% solatium have not been paid so far.

Sri Manish Mishra, learned Standing Counsel may obtain further instructions in the matter in the light of the facts recorded in this order.

List/ put up this case in the additional cause list on 06.09.2018. By the said date, further progress may be intimated and the affidavit may also be filed by the respondents.

Order Date :- 28.8.2018

Suresh/

[Rajesh Singh Chauhan,J.] [Vikram Nath,J.]