Bhagwan Das vs State Of U.P. And Others
2023 Latest Caselaw 8071 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- WRIT - C No. - 13148 of 2012
 

 
Petitioner :- Bhagwan Das
 
Respondent :- State of U.P. and Others
 
Counsel for Petitioner :- V.K. Singh,Bharat Pratap Singh,Sanjeev Kumar Yadav,Vishesh Rajvanshi
 
Counsel for Respondent :- C.S.C.,Ramesh Upadhyaya,Shiv Nath Singh
 

 
Hon'ble Salil Kumar Rai,J.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard the counsel for the parties.

From the records annexed with the different affidavits filed in the case, it appears that the case of the petitioner regarding acquisition is covered by the judgment dated 5th May, 2016 passed by the Supreme Court in Civil Appeal No. 4821 of 2016 and by the Division Bench judgment dated 7th September, 2016 passed by this Court in Writ - C No. 61725 of 2014 as well as the judgment and order dated 24th October, 2016 passed by the another Division Bench in Writ - C No. 46277 of 2010.

In the aforesaid judgments, the Courts had directed that the compensation payable to the land owner shall be computed in terms of the Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

It has been stated in the affidavits filed in the present petition that the petitioner has not yet been dispossessed from his plot and the compensation amount has not been paid to him. No affidavit has been filed controverting the aforesaid fact and, therefore, the said fact is not disputed either by the Standing Counsel or the Aligarh Development Authority.

The writ petition is disposed of in terms of the judgment of the Supreme Court as well as the orders dated 7th September, 2016 and 24th October, 2016 passed by this Court in Writ - C No. 61725 of 2014 and Writ - C No. 46277 of 2010. The compensation determined as above shall be paid to the land owner within six months from today.

Order Date :- 20.3.2023

Satyam