Allahabad High Court
Shiv Ram & Ors. vs State Of U.P. Thru. Prin.Secy. ... on 20 July, 2021
Bench: Ritu Raj Awasthi, Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- LAND ACQUISITION No. - 15121 of 2021
Petitioner :- Shiv Ram & Ors.
Respondent :- State Of U.P. Thru. Prin.Secy. Public Works Deptt.,Lko.&Ors.
Counsel for Petitioner :- Shivendra Pratap Singh
Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Ritu Raj Awasthi,J.
Hon'ble Dinesh Kumar Singh,J.
Notice on behalf of opposite parties no.1 to 5 has been accepted by learned Chief Standing Counsel, whereas Mr. Mohan Singh, Advocate has accepted notice on behalf of opposite party no.6.
Heard learned counsel for the petitioners as well as learned Standing Counsel and perused the records.
The instant writ petition has been filed seeking following reliefs:
"a. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to pay the adequate compensation to the petitioners in respect of their agricultural land used by the opposite parties in the District level road no.80 known as "Jagdishpur to Satthin Marg" situated in village Lakhimpur, Pargana-Jagdishpur, Tahsil-Musafirkhana, District-Amethi with completion of proceedings to acquire/measuring the land in question under the Land Acquisition Act, 1894 in accordance with law to secure the ends of justice.
b. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties, specially the opposite party no. 2 to decide the representation dated 15.02.2021 moved by the petitioners (Contained as Annexure No. 5 to the present petition), which is still pending before him by way of the speaking & reasoned order withing the stipulated period accordance with law. in
C. Issue a writ, order or direction which this Hon'ble Court may deem fit, just and proper in the fact and circumstances of the case.
d.Allow the writ petition with costs in favour of the petitioner."
Learned counsel for the petitioners submits that the land of the petitioners was taken by the opposite parties for construction of new state road for public use in the year 1983-84. The petitioners being poor and illiterate persons were not able to approach the court in time to seek compensation. The road has been constructed and is being used by public. The petitioners have made representation dated 15.02.2021 before the District Magistrate, Amethi, claiming compensation, however, no action has been taken. In respect to his submissions learned counsel for the petitioners has relied on the judgment of Hon'ble Apex Court in the case of Vidya Devi Vs. The State of Himachal Pradesh and others, passed in Civil Appeal Nos.60-61 of 2020 dated 8.1.2020 in order to assert that the delay in approaching the authorities for compensation shall not be considered and the petitioner shall be given his compensation for the land which has been used for public purposes by the opposite parties.
Learned Standing Counsel appearing on behalf of State Authorities submits that it will have to be verified as to whether the land in question has been acquired by the opposite parties or not and whether the petitioners are entitled to get any compensation or not, however, in case the land of petitioners has been used for the construction of road and they have not been paid any compensation then the representation of the petitioner can be considered.
In this view of the matter, without entering into the claim of the petitioners on merit, writ petition is finally disposed of at this stage, with the observation that the opposite party no.3/District Magistrate, Amethi shall consider and decide the representation of the petitioner dated 15.02.2021, copy of which is annexed as Annexure-4 to the writ petition, in case the same is still pending, in accordance with law expeditiously, say within a period of four months from the date a certified copy of this order along with copy of representation are placed before him.
.
(Dinesh Kumar Singh, J.) (Ritu Raj Awasthi, J.)
Order Date :- 20.7.2021
Ram.
