Allahabad High Court
Keshan And Ors vs Sri. S.P Singh, Deputy Inspector ... on 18 January, 2023
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 6
Case :- CONTEMPT APPLICATION (CIVIL) No. - 626 of 2022
Applicant :- Keshan And Ors
Opposite Party :- Sri. S.P Singh, Deputy Inspector General Of Police, Central Reserve Police Force Group Center Lko.
Counsel for Applicant :- Vijay Kumar Srivastava,Tanmay Singh
Counsel for Opposite Party :- Raj Kumar Singh
Hon'ble Rajnish Kumar,J.
Heard Sri Vijay Kumar Srivastava, learned counsel for the applicants, Sri S.B.Pandey, learned Deputy Solicitor General of India assisted by Sri Raj Kumar Singh, learned counsel for the respondent nos. 1 and 3 and Sri Mayankar Singh, learned Standing Counsel for the respondent nos. 2 and 4.
Reply to the objection/ affidavit filed by the applicants on 12.12.2022 by the learned Additional Chief Standing counsel is taken on record.
This application has been filed alleging non-compliance of the order dated 22.09.2021 passed in Writ Petition No.24178 (L/A) of 2020. This Court had issued the following direction in the said writ petition:-
"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."
Learned counsel for the applicant submits that though in compliance of the order passed by this Court, the land has been acquired and the award has also been made on 07.11.2022 but the interest from the date of possession in 1997 by the State has not been paid. Therefore the order passed by the writ court has not been complied with in letter and spirit.
The respondents have opposed the aforesaid submissions of learned counsel for the applicants and submit that the writ court has denied any interest on account of the alleged possession since 1997. Therefore the order passed by the writ court has been complied with.
Having considered the submissions of learned counsel for the parties and on perusal of the judgment passed by this Court on 22.09.2021, it is apparent that though a direction has been issued 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. However, as regards illegal use of the land by the said petitioners since 1997 till date of actual payment of such compensation or consideration, as the case may be, the Court had left 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 has been determined.
In view of above, this Court is of the view that the order passed by the writ Court has been complied with and this application has lost its efficacy.
Dismissed accordingly.
Order Date :- 18.1.2023
Akanksha
