Ram Bali Rajbhar And Another vs Uttar Pradesh Expressways And 9 ...
2023 Latest Caselaw 25775 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:182635-DB
 
Court No. - 21
 

 
Case :- WRIT - C No. - 27885 of 2023
 

 
Petitioner :- Ram Bali Rajbhar And Another
 
Respondent :- Uttar Pradesh Expressways And 9 Others
 
Counsel for Petitioner :- Udai Shankar Chauhan
 
Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Donadi Ramesh,J.

1. The instant petition has been filed praying for a direction to respondents no.2 and 3 to take decision on the representation of the petitioners dated 19.5.2023 and release compensation amount in respect of the acquired land within a stipulated period.

2. On 21.08.2023, the following order was passed:-

"1. The respondent-Authority obtained a sale deed from the private respondents dated 12.09.2017 for construction of a highway. The area covered by the sale deed was 0.12460 hectares. Subsequently, the Authority realized that the petitioners also had share in the said land and some part of it was chak road. Consequently, the Authority instituted a Original Suit No. 608 of 2020 for rectification of the sale deed dated 12.09.2017. It has been decreed by judgment dated 30.05.2022 and as a result thereof, the area has been reduced to 0.10228 hectares. The judgment specifically records that an area measuring 0.03197 hectares, each belonging to petitioner nos. 1 and 2, got affected as a result of the sale deed originally obtained by the Authority. The petitioners are now before this Court for a direction to the respondent-Authority to pay compensation in respect of their share of land.

2. Learned counsel for the petitioners submits that petitioners are ready to sell their land to the respondent-Authority as the possession thereof is also with it.

3. Sri M.C. Chaturvedi, learned Senior Counsel appearing for the respondent-Authority states that the Authority will try to obtain sale deed from the petitioners within ten days.

4. Accordingly, the matter is adjourned.

5. List as fresh on 5th September, 2023.

6. The development that takes place in the meantime, shall be brought on record by means of an affidavit of a responsible officer of the Authority."

3. In compliance of the said order, the Deputy Collector, U.P. Expressways Industrial Development Authority has filed his affidavit. It is stated therein that a sale deed was got executed from the petitioners on 26.08.2023 and the entire sale consideration has been paid to them.

4. Counsel for the petitioners admits the said fact.

5. As such nothing further survives in the instant matter as the grievance of the petitioners stand redressed.

6. The petition stands disposed of accordingly.

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

Order Date :- 21.9.2023

SL