Allahabad High Court
Keshan Alias Sri Keshan And Others vs State Of U.P. Thru. Prin. Secy. ... on 24 February, 2023
Bench: Sangeeta Chandra, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 3
Case :- WRIT - C No. - 1489 of 2023
Petitioner :- Keshan Alias Sri Keshan And Others
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Civil Secrt. Lko. And Others
Counsel for Petitioner :- Vijay Kumar Srivastava
Counsel for Respondent :- C.S.C.,A.S.G.I.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Manish Kumar,J.
Heard Shri Vijay Kumar Srivastava, learned counsel for the petitioners, Shri S.B. Pandey, learned Deputy Solicitor General of India assisted by Shri Raj Kumar Singh, learned counsel for the respondent nos. 4 and 5 and learned Standing Counsel for the State respondents.
This writ petition has been filed with the following prayer:-
i issue a writ, order or direction in the nature of mandamus commanding thereby the opposite parties specially the opposite party no. 3 to award/pay interest to the petitioners as provided under Section 80 of 'The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement, Act, 2013', w.e.f. 24.07.1997, the date when the possession of their land was taken till the date of actual payment, on the amount of compensation determined through award dated 07.11.2022, of their land bearing khasra no. 1170(M) (area 1-3-0), khasra no. 1141(sa)(area1-15-0), khasra no. 1200 (area1-0-0) & khasra no. 1181(sa)(area 1-14-0), total area 4-12-0(2.876 Acres), situated in village and pargana Bijnore, Tehsil Sarojini Nagar, District Lucknow.
A preliminary objection has been raised by Shri S.B. Pandey, learned Deputy Solicitor General of India that petitioner had earlier approached this Court in Writ Petition No. 24178 (L/A) of 2020, which was connected with the Writ Petition No. 202 (L/A) of 2014. In the said writ petition, a detailed judgment was passed by a Division Bench of this Court dated 22.09.2021. The operative portion of the said judgment has been read out before this court. It is quoted hereinbelow:-
"We are of the considered opinion that the petitioners of Writ Petition No.202 (L/A) of 2014 should acquire the land in question in terms of the Act, 2013 and pay due compensation to the private opposite parties therein as per the said Act. The State authorities are also directed to co-operate in this regard and take all necessary steps as and when a proposal for acquisition is received. This exercise shall be completed within six months from the date of delivery of this judgment. It is open to the said petitioners to purchase the said land based on negotiations with the tenure holders on payment of such consideration as is agreed upon by them freely and without any undue influence or coercion within the same period. As regards illegal user of the land by the said petitioners since 1997 till the date of actual payment of such compensation or consideration, as the case may be, we are of the opinion that as we have ordered for payment of compensation in terms of the Act, 2013 after acquisition of the land in question, therefore, we leave it open for the tenure holders to claim damages/ compensation for such illegal and unauthorized occupation by moving appropriate proceedings in a court of competent jurisdiction as there is no question of ordering payment of interest for the said period as the land was never acquired in pursuance to the Notifications issued in 1995 and thereafter in 2006 nor any compensation was determined thereunder.
In view of the above discussion, Writ Petition No.202(L/A) of 2014 is dismissed and Writ Petition No.24178 (L/A) of 2020 is allowed in the aforesaid terms. "
It has been argued that the petitioner while filing Writ Petition No. 24178 (L/A) of 2020 had made the following prayer:-
" i) Issue a writ, order or direction in the nature of mandamus commanding thereby the opposite parties specially the opposite party no. 3 to pay compensation to the petitioners of their land bearing khasra no. 1170 (area 1-3-0), khasra no. 1141 (sa) (1-15-0), khasra no. 1200 (area 1-0-0) & khasra no. 118 (sa) (area 1-14-0), total area 4-12-0 (2.876), situated in Village and Pargana-Bijnore, Tehsil -Sarojini Nagar, District Lucknow in the light of the order dated 19.05.2014, passed by the opposite party no. 3.
ii) issue a writ, order or direction in the nature of mandamus commanding thereby the opposite parties specially the opposite party no. 3 to pay all the consequential benefits of land acquisition, including interest etc. to the petitioners, w.e.f. the date when the possession of their land was taken in the year 1997."
Shri Pandey, learned Deputy Solicitor General of India has submitted that since the petitioner had made a similar prayer in the earlier writ petition, which has not been accorded by this Court and specific observations was made that interest cannot be directed to be given and the contempt petition for alleged wilful disobedience of order of this Court, was also dismissed by the judgment and order dated 18.01.2023, the second writ petition is not maintainable.
Learned counsel for the petitioners has argued on the basis of the various sections of the The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement, Act, 2013 that the Act under Section 18 itself provides interest to be given and under Section 33 and Section 40 (5), additional compensation in certain cases, which was overlooked and the competent Court is the Writ Court.
This Court is of the considered opinion that second writ petition for similar prayer is not maintainable in view of the judgment of a Division Bench of this Court in the case of Surya Deo Mishra Vs. State of U.P. 2006 (1) UPLBEC 399.
If the petitioners are aggrieved by non appreciation of their prayers in terms of the relevant provisions of the statute by the Division Bench, it is open for them to file a review application, if so advised.
Writ petition is dismissed as not maintainable.
Order Date :- 24.2.2023
Ashish
