Allahabad High Court
Aasha Verma & Ors. vs Commissioner Awas Evam Viaks ... on 16 June, 2021
Bench: Ritu Raj Awasthi, Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- LAND ACQUISITION No. - 9373 of 2021
Petitioner :- Aasha Verma & Ors.
Respondent :- Commissioner Awas Evam Viaks Parishad Lucknow & Ors.
Counsel for Petitioner :- Vijay Kumar Tewari,Avanish Tewari
Counsel for Respondent :- C.S.C.,Ratnesh Chandra
Hon'ble Ritu Raj Awasthi,J.
Hon'ble Dinesh Kumar Singh,J.
The case has been taken up through video conferencing.
In spite of the case having been taken repeatedly, no one appears on behalf of the petitioners to press this writ petition.
The writ petition has been filed seeking following reliefs:-
"(i) To issue writ, order or direction in the form of certiorari whereby quashing the impugned award passed dated 29.01.2020 A No.3 by the Additional District Magistrate (Land Acquisition), Lucknow (Opposite Party No.1) as such the impugned award which is declared under Section-11 of the Land Acquisition Act, 1894 stands repealed by virtue of Section-114 of the New Act of 2013 (Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013) as also it is against the Government order (G.O) where it categorically gave the specific direction that New Act of 2013 would apply in all the cases.
(ii) To issue writ, order or direction in the form of mandamus whereby, directing the Opposite Parties to declare a fresh award in respect of the petitioner land bearing khasra No.455 admeasuring 1.825 in the Village-Kaladundu, Pargana-Lakhimpur, Tehsil and District- Lakhimpur-Kheri as acquired in this matter in light of the provisions of the Section - 24 of the New Act of 2013 (Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitiation and Resettlement Act, 2013) along with all the necessary interest and benefits including solatium, Additional Compensation and Interest as provided under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Sri Ratnesh Chandra, learned Counsel for opposite party No.1 informs that the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 are not applicable to the Awas Vikas Parishad. The land in question is alleged to have been acquired by the State for Awas Vikas Parishad and is governed under the Awas Vikas Parishad Act. It is submitted that in view of the law laid down by this Court in Writ Petition No.159 (LA) of 2014, Atul Sharma and another v. State of U.P. and others, vide judgment and order dated 7.2.2017, the provisions of new Act would not be applicable to the U.P. Awas Vikas Parishad. The submission is that in view of above, the writ petition deserves to be dismissed.
We have considered the submissions and gone through the record. We are of the considered view that the judgment of this Court passed in the case of Atul Sharma (supra) is very much enforceable.
Accordingly, the writ petition being misconceived is dismissed.
.
[Dinesh Kumar Singh, J.] [Ritu Raj Awasthi, J.]
Order Date :- 16.6.2021
lakshman
