Anil Kumar And 2 Others vs State Of U.P. And 3 Others
2021 Latest Caselaw 1269 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 11438 of 2020
 

 
Petitioner :- Anil Kumar And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ram Sajiwan Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Heard learned counsel for the petitioners and Sri N.C. Nishad, learned counsel for the respondent nos. 2 & 3 and learned Standing Counsel for the State respondents.

It is alleged that petitioners' claim for grant of compassionate appointment in the land users category has remained pending before the authority concerned, but no decision is being taken.

It is pointed out by Dr. A.N. Singh, learned Standing Counsel that the notification, under Section 4 for acquiring the land was issued in the year 1986. Submission is that after such long lapse of time, petitioners' claim is not liable to be considered, particularly in view of the law laid down by a full bench of this Court in Ravindra Kumar Vs. District Magistrate and others, (2005) 1 UPLBEC 118.

Objection raised on behalf of the respondents squarely merits consideration, inasmuch as, for compulsory acquisition of land the petitioners' successor in interest, who were duly recorded over the land in question, were only entitled to payment of compensation in accordance with the Act of 1894, and such payment has already been made to them.

In view of the authoritative pronouncement made by this Court in the above noted judgment, no direction is required to be issued to consider petitioners' claim, particularly after such long lapse of time.

The writ petition is dismissed, accordingly.

Order Date :- 20.1.2021

Ranjeet Sahu