Allahabad High Court
M.K.S.K. Business Ltd.,Lko. ... vs State Of U.P. Thru. Secy. ... on 23 June, 2021
Bench: Ritu Raj Awasthi, Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- LAND ACQUISITION No. - 12674 of 2021
Petitioner :- M.K.S.K. Business Ltd.,Lko. Thru. Director Sunil Kumar Banka
Respondent :- State Of U.P. Thru. Secy. Industrial Development Deptt.&Ors.
Counsel for Petitioner :- Ram Sewak Tripathi,Sonu Shukla,Yogesh Kesarwani
Counsel for Respondent :- C.S.C.,Varun Pandey
Hon'ble Ritu Raj Awasthi,J.
Hon'ble Dinesh Kumar Singh,J.
1. This case has been taken up through video conferencing.
2. Heard learned counsel for the petitioner, Mr.Abhinav Trivedi, learned Standing Counsel for opposite party Nos.1 to 4 whereas Mr. Varun Pandey, Senior Advocate assisted by Mr.Varun Pandey, learned counsel for the opposite party No.5.
3. For the order proposed, no need to issue notice to opposite party Nos.6 to 16. Notice to private respondents is dispensed with.
4. This writ petition has been filed seeking following reliefs:-
?(i) To issue a writ, order or direction in the nature of Certiorari to quash the order/Award dated 11.01.17 passed by the Additional District Magistrate (L/A), District Lucknow (O.P. No.3) contained in Annexure no.1 to this writ petition.
(ii) To issue a writ, order or direction in the nature of Mandamus commanding the opp. parties no.1 to 5 to determine the compensation of the petitioners' land gata/khasra no.591, 592, 593 & 600 area 0.632 hectare (i.e.1/15 exclusive share in gata no.591, 592, 593 & 600), situated at village Sarosa Barosa, Pargana Kakori, Tehsil and District Lucknow, at non-agricultural/commercial rate as per the "Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013"
(iii) To issue a writ, order or direction in the nature of Mandamus commanding the opp. parties no.1 to 5 to determine the compensation in the light of the direction issued in judgment dated 27.10.2015 passed by this Hon'ble Court in W.P. No.83(LA) of 2015.
(iv) To issue a writ, order or direction in the nature of Mandamus commanding the opp. parties no.1 to 5 to pay the interest @ 18% per annum over the due amount payable as compensation till the final payment.
(v) To issue a writ, order or direction in the nature of Mandamus commanding the opp. parties no.1 to 5 to pay the damages/compensation to the petitioner for the land of the petitioner which has been illegally taken into possession or in alternative to restore the possession of the petitioner over such excess land.
(vi) Any other suitable writ, direction which is deemed fit and proper may also be passed in favour of the petitioner company; and
(vii) to allow the writ petition with cost.?
5. Preliminary objection regarding maintainability of this writ petition is raised by Mr. Abhinav Trivedi, learned Standing Counsel on the ground that in case the petitioner is aggrieved against the impugned award dated 11.01.2017, he can challenge the same either under Section 13 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or under Section 18 of the Land Acquisition Act, in case he has not been given proper compensation.
6. Writ petition for that purpose shall not be maintainable. We do not find any reason to grant indulgence in the given facts and circumstances of the case. The writ petition is accordingly, dismissed with the observation that the petitioner may avail statutory remedy as may be available to him under the law.
(Dinesh Kumar Singh,J.) (Ritu Raj Awasthi,J.)
Order Date :- 23.6.2021
prateek
