Allahabad High Court
Smt. Bhagwan Dei And Another vs State Of U.P.Throu.Secy.Revenue ... on 9 July, 2019
Bench: Pankaj Kumar Jaiswal, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- LAND ACQUISITION No. - 9 of 2015
Petitioner :- Smt. Bhagwan Dei And Another
Respondent :- State Of U.P.Throu.Secy.Revenue Deptt.Lko.And Ors.
Counsel for Petitioner :- Dharmesh Sinha,Naresh Singh
Counsel for Respondent :- C.S.C.,Sampuranand Shukla,Virendra Singh
Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Jaspreet Singh,J.
Heard Sri Dharmesh Sinha, learned Counsel for the petitioners, Sri Pradeep Raje, learned Standing Counsel for opposite party Nos.1 and 2 and Sri Virendra Singh, learned Counsel for opposite party Nos.3 to 5.
The petitioners are praying for issuance of a writ of Mandamus directing the opposite party Nos.3 to 5 to pay compensation to the petitioners, who are legal heirs of late Gyadeen, whose land Khasra No.409/2 measuring about one bigha six biswa and five bishwanshi situated at Kharika, Pargana Bijnour, Tehsil Sadar, District Lucknow was acquired for the U.P. Awas Evam Vikas Parishad on 26.6.2000.
Brief facts of the case are that late Gayadeen was granted patta of the aforesaid land some time in the year 1975. Thereafter, in the year 1983, proceedings under Section 198 (4) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 was initiated for cancellation of the aforesaid patta vide Case No.362/82-83, State v. Gayadeen. The aforesaid matter was decided in favour of the lessee by the Additional Collector (Administration), Lucknow vide order dated 30.1.1985 observing that the patta was legally granted to Gayadeen, but the name of late Gayadeen was not recorded and therefore, the land was acquired for respondent Nos.3 to 5 under the provisions of U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 and amount of compensation was paid to the Municipal Corporation. On these facts, the petitioners are praying for grant of compensation.
As per counter-affidavit filed by the opposite party Nos.3 to 5, the land in question is recorded as old Parti Land of Gram Samaj and under Section 38 of the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965, the same is vested in the Parishad. It is also alleged that the patta was granted without granting any approval and therefore, the petitioners are not entitled for compensation. Thus, the compensation was paid to the Nagar Nigam, pursuant to the order dated 8.6.2001.
It is not in dispute that in the year 1975, patta was granted to late Gayadeen and in a proceeding for cancellation of patta, an order was passed on 30.1.1985 in favour of the lessee and thereafter, no proceedings have been initiated. Thus, we are of the view that patta has rightly been granted in favour of late Gayadeen.
Now the dispute is for payment of compensation. As the compensation was paid to the Municipal Corporation, at the relevant time the petitioners ought to have raised the dispute for apportionment of compensation but no application has ever been filed.
In the earlier round of litigation, liberty was granted to the petitioners to make a representation to the District Magistrate or any other officer nominated on his behalf not below the rank of Additional District Magistrate, who shall look into the grievance of the petitioner and shall dispose of the same in accordance with law expeditiously, and if the petitioner is found entitled for compensation, the same shall be paid to him vide order dated 14.1.2009.
In view of above, we grant liberty to the petitioner to file a detailed representation before the opposite party No.2 regarding apportionment of the compensation as per Section 30 of the Land Acquisition Act, 1894 and in case such a representation is filed within four weeks from today, the same shall be decided on merits in accordance with law by passing a reasoned order after granting liberty to the petitioner as well as to the Municipal Corporation, Lucknow and U.P. Awas Evam Vikas Parishad.
With the aforesaid liberty, the writ petition is disposed of.
.
[Jaspreet Singh, J.] [Pankaj Kumar Jaiswal, J.]
Order Date :- 9.7.2019
lakshman
