Allahabad High Court
Naresh Kumar And 2 Others vs Government Of India And 4 Others on 1 August, 2019
Bench: Bala Krishna Narayana, Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - C No. - 25247 of 2019
Petitioner :- Naresh Kumar And 2 Others
Respondent :- Government Of India And 4 Others
Counsel for Petitioner :- Kulveer Singh,Santosh Kumar Shukla
Counsel for Respondent :- C.S.C.,Rajnish Kumar Rai
Hon'ble Bala Krishna Narayana,J.
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners, Sri Rajnish Kumar Rai, learned counsel for the respondent nos. 1 to 3 and learned Standing Counsel for the respondent nos. 4 and 5.
This writ petition has been filed by the petitioners with the following prayer to :-
I. issue a writ, order or direction in the nature of mandamus directing the respondent no. 5 to provide the compensation to the petitioners of the Khasra No. 6 measuring as area 0.2225 hectare situated at village- Salhapur, Tehsil- Deoband, District- Saharanpur in pursuance of the award dated 15.05.2018, passed by respondent no. 5 within specified period as stipulated by this Hon'ble Court.
II. issue a writ, order or direction in the nature of mandamus directing the District Magistrate, Saharanpur to decide the application dated 06.03.2019 moved by petitioners within specified period as stipulated by this Hon'ble Court.
III. issue a writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
IV. award the cost of the writ petition in favour of the petitioners.
It is contended by the learned counsel for the petitioners that although Khasra No. 6 having an area of 0.2225 hectare situated at village- Salhapur, Tehsil- Deoband, District- Saharanpur, hereinafter referred to as the disputed plot, was acquired by the respondent nos. 1 to 3 for the purpose of laying down the railway line but despite award being made on 15.05.2018 (Annexure No. 3) u/s 20-D of the Railways Act, 1989 and the awarded amount of compensation deposited before respondent no. 5 u/s 20-H of the Railways Act, 1989 hereinafter referred to as the 'Act', the compensation is not being disbursed to the petitioners which they are legally entitled to receive. It is next contended that even the representation filed by the petitioners before the respondent no. 5 on 03.06.2019 (Annexure No. 4) for payment of compensation has not been decided till date. It is lastly contended that a direction be issued to the respondent no. 5 to make payment of compensation awarded to the petitioners vide award dated 15.05.2018 (Annexure No. 3).
Per contra Sri Rajnish Kumar Rai, learned counsel appearing for the respondent nos. 1 to 3 has submitted that the disputed plot has been mortgaged by the petitioners with the State Bank of India against the loan obtained by them from the bank and the aforesaid mortgage has not been redeemed till date and hence, the petitioners have no right to receive compensation. This writ petition lacks merit and is liable to be dismissed.
Having heard the learned counsel for the parties and perused the material brought on record, without expressing any opinion on the merits of the case, we dispose of this writ petition with direction to the respondent no. 5 to decide the petitioners' representation dated 03.06.2019 (Annexure No. 4) filed before him strictly in accordance with law by speaking and reasoned order, if possible, preferably within three months from the date of production of certified copy of this order before him, after affording opportunity of hearing to the concerned branch of State Bank of India.
Order Date :- 1.8.2019
KS
