Samarjeet Singh vs State Of U.P. And 4 Others
2023 Latest Caselaw 23428 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:171703-DB
 
Court No. - 21
 

 
Case :- WRIT - C No. - 15458 of 2023
 

 
Petitioner :- Samarjeet Singh
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Saroj Kumar Tiwari,Anubhav Singh
 
Counsel for Respondent :- C.S.C.,Anuj Pratap Singh,Archana Singh,Sudhanshu Srivastava
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Donadi Ramesh,J.

1. Rejoinder affidavit filed today is taken on record.

2. The instant petition has been filed praying for a writ of mandamus directing the respondents to release petitioner's share of ex-gratia amount in respect of Khasra Nos.282, 283, 286, 508 and 522, Village-Dashahara Kherli, Pargana & Tehsil-Khurja, District-Bulandshahar.

3. The case of the petitioner is that the aforesaid land was acquired by UPSIDC, Kanpur along with land of three other villages for establishing a Growth Centre at District-Bulandshahar. Possession of the land was taken on different dates in the year 1993 followed by awards dated 15.10.1993, 16.10.1993, 22.10.1993 and 31.3.1995. According to the petitioner thereafter a memorandum of understanding was executed on 14.12.2013 between UPSIDC and Tehri Hyrro Development Corporation India Ltd for establishing a Thermal Power Project over the said land. Both the authorities also decided to pay more compensation to the land holders so that the acquiring body is able to take possession forthwith. In negotiation with the villagers, it was decided to pay Rs. 721/- per square metre as ex-gratia compensation over and above the amount determined by the Reference Court. Since the said amount has not been paid to the petitioner so far and hence the instant petition.

4. Learned Counsel for the petitioner has placed reliance on a judgment of a Co-ordinate Bench of this Court dated 29.5.2023 (Writ C No.31586 of 2016), the operative part of which is as follows:-

"A. So far as claim of petitioners with regard to release of ex-gratia amount is concerned, we direct the respondent no.3 to afford an apportunity of hearing to respondent nos. 5 & 6 in the matter and take a final decision within a period of three months from the date of production of a certified copy of the instant order.

A(i) The writ petition stands disposed of, accordingly."

5. Sri Sudhanshu Srivastava, learned counsel appearing on behalf of respondent no.5 does not dispute that in pursuance of the order of Coordinate Bench dated 29.05.2023 quoted above, the ex-gratia amount has to be released in favour of the persons entitled thereto. He further submits that there is some dispute between the petitioner and his uncle Karan Singh, who has filed objection. He further states that half share of compensation and ex-gratia amount was withdrawn by Om Veer Singh, paternal uncle of the petitioner in respect of his share. He submits that the Competent Authority will have to examine the extent to which the petitioner has share in the acquired land.

6. Learned standing counsel appearing on behalf of the State respondents states that the Competent Authority will examine the aforesaid aspects after due notice to all concerned.

7. Accordingly, the instant petition is disposed of in terms of order dated 29.5.2023 in Writ-C No.31586 of 2016. It is further provided that Karan Singh or any other person who is making claim or is likely to be affected, shall be put to due notice before taking any decision in the matter.

(Donadi Ramesh, J.) (Manoj Kumar Gupta, J.)

Order Date :- 25.8.2023

SL