Hari Om And 5 Others vs State Of U.P. And 3 Others
2018 Latest Caselaw 2801 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Case :- WRIT - C No. - 31804 of 2018
 
Petitioner :- Hari Om And 5 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Akanksha Gaur
 
Counsel for Respondent :- C.S.C.,Shiv Nath Singh
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Bachchoo Lal,J.

Heard learned counsel for the petitioners and the learned Standing Counsel for the respondent nos. 1, 2 and 3 and Sri Shiv Nath Singh, learned counsel for the respondent no. 4.

The contention of the learned counsel for the petitioner is that the petitioners are the co-tenure holders of Plot No. 341-M of Village-Kishanpur, Tehsil-Kol, District- Aligarh. It is further pointed out that the land came to be acquired the possession whereof has been handed over to the Aligarh Development Authority but no compensation has been paid to the petitioner so far. It is further submitted that one of the recorded co-tenure holder Panna Lal whose name is also shown in the relevant extract of the Khatauni appended as Annexure No. 1 approached this Court by filing Writ Petition No. 61725 of 2014 which was allowed and the District Magistrate, Aligarh was directed to ensure that the compensation is calculated and determined as per the 2013 Act and finalized to be paid to the tenure holder.

We have heard learned counsel for the respondents.

From the Khatauni, it appears that the petitioners are the co-tenure holders of the very same land in respect whereof Panna Lal had filed Writ Petition No. 61725 of 2014 that was allowed on 07.09.2016.

The District Magistrate and the Development Authority are therefore directed to examine the said status of the petitioners, and in the event, they are identically situate as Panna Lal Saini, then the judgment dated 7th September, 2016 shall also be implemented in the case of the petitioners accordingly within a period of three months from the date of the production of certified copy of this order before them.

Disposed of with the said directions.

Order Date :- 25.9.2018

S.Chaurasia