Allahabad High Court
Ashok Kumar vs U P State Bridge Corporation Ltd. ... on 23 March, 2023
Bench: Sunita Agarwal, Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 39
Case :- WRIT - C No. - 31100 of 2022
Petitioner :- Ashok Kumar
Respondent :- U P State Bridge Corporation Ltd. And 3 Others
Counsel for Petitioner :- Hare Ram,Ganesh Shukla
Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
With
Case :- WRIT - C No. - 31105 of 2022
Petitioner :- Abu Saeed
Respondent :- U.P.State Bridge Corporation Ltd. And 3 Others
Counsel for Petitioner :- Hare Ram,Ganesh Shukla
Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Vikas Budhwar,J.
The dispute in the present two connected writ petitions pertain to plot No. 605 area 0.0520 hectares and 606 area 0.0228 hectares. The petitioners are aggrieved by the action of the respondents in entering into their land to make measurement and facing a threat of acquisition, forcible dis-possession, they have approached this Court.
The issue raised in both the writ petitions are common, hence they have been heard together and are being decided by this common judgment.
The statement in the writ petition is that five member revenue team had entered into lands belonging to the petitioners in the month of July, 2021 and started unauthorized construction of the bridge, known as Double Lane Road Over Bridge (7C, Saiyad Sarawan) unauthorized.
To the stand of the petitioner in the writ petition, a categorical statement has been made in paragraph '19' of the counter affidavits filed in both the writ petitions that the petitioners have been given information about the measurement of the proposed land through right to public information and they were well aware of the proceedings regarding the payment of compensation for their affected land.
In the affidavit of the District Magistrate, Kaushambi, it is stated that double lane road over bridge is being constructed after receiving the sanction from the Ministry of Railway, Government of India at Delhi, District Kaushambi. On account of construction of the said road, the lands of several villagers including the petitioners herein is affected. There is no statement in the affidavit of the District Magistrate, as placed before us with regard to the construction of road in the land belonging to the petitioners herein.
It is stated in the affidavit filed on behalf of NHAI that after the notification has been issued by the appropriate Government for construction of rail over bridge by the railways, the work had started and meetings with the affected farmers were held verbally. The reports were obtained in respect of the subject plots and representation of the writ petitioner over not accepting the compensation being offered by the respondents, in terms of the Government Order dated 12.05.2016, the matter has been referred to the committee, which has been formed on 18.01.2013 for redressal of the complaints of the tenure holders. It is further submitted that the said committee has determined the compensation admissible for the land in question and the representations of the petitioners has been decided vide order dated 19.01.2023 by the Deputy Project Manager to Bridge Construction Unit, Kaushambi, a copy of which is appended at page '20' of the counter affidavit as Annexure '3'.
To the stand of the respondents in determination of the compensation for the land in question, the counsel for the petitioner submits that the petitioner seeks to file his objections before the Collector/Land Acquisition Officer.
Be that as it may, there is a categorical stand of the respondent corporation that only measurement exercise over the land in question has been conducted, the work of construction of rail over bridge has not been completed as yet. In the said scenario, we do not find any good ground to entertain the writ petition on the challenge raised by the petitioner with regard to the determination of compensation. As noted above, it is kept open for the petitioners to approach the competent authority by raising objection with regard to the determination made by the committee.
However, in case the land in question is needed for construction of rail over bridge which definitely is a public purpose, and in case the petitioners do not agree to the rates determined by the competent authority, it would be open for the competent authority to initiate appropriate proceedings for acquisition of the land in question. In any case, there shall not be any utilization of the land in question without determination of just and fair compensation, strictly in accordance with law.
The present writ petition along with the connected petitions are, accordingly, disposed of.
Order Date :- 23.3.2023
Rajesh
