Allahabad High Court
Sushil And 6 Others vs State Of Up And 5 Others on 14 May, 2024
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:86564-DB
Court No. - 21
Case :- WRIT - C No. - 11951 of 2024
Petitioner :- Sushil And 6 Others
Respondent :- State Of Up And 5 Others
Counsel for Petitioner :- Anil Pratap Singh,Mohan Kumar Singh,Shailesh Kumar Shukla
Counsel for Respondent :- Ashok Kumar Pandey,C.S.C.,Ishan Deo Giri,Pranjal Mehrotra,Suresh C. Dwivedi
Hon'ble Manoj Kumar Gupta,J.
Hon'ble Kshitij Shailendra,J.
1. The instant petition has been filed praying for a writ of mandamus commanding the respondents to make payment of sale consideration amount to the petitioners pursuant to sale deed dated 11.03.2023 in respect of Arazi Nos.180Ka, area 0.065 hectare, 180Kha, area 0.0668 hectare, 179Ka, area 0.0443 hectare, 179Kha, area 0.067 hectare and 181, area 0.263 hectare (total area 0.5061 hectare) situated in Village Sultanpur, Pargana Kopachit Sharki, Tehsil Ballia, District Ballia alongwith admissible interest within specified period which was purchased for construction of National Highway-31 Ghazipur-Ballia Majhighat Green Field Project.
2. The case of the petitioners is that the aforesaid land was notified for acquisition vide notification issued under Section 3-A of the National Highways Act, 1956 on 13.11.2021. The acquisition was for maintenance, management and operation of National Highway No.31 Ghazipur-Ballia Majhighat Green Field Project for Uttar Pradesh Expressways Industrial Development Authority. Thereafter, the Authority approached affected persons and obtained sale deeds. The petitioners also have executed sale deed dated 11.03.2023 in respect of their aforesaid land in favour of the respondent-Authority, however, the sale consideration amount has not been paid to the petitioners so far and, hence, the instant petition.
3. Amit Kumar Singh, Abhay Pratap Singh and Smt. Chinta Devi have filed application for impleadment being Civil Misc. Impleadment Application No.3 of 2024 contending that the predecessor-in-interest of the petitioners filed a declaratory suit against the father of applicant Nos.1 and 2 and husband of applicant No.3. The said suit was initially decreed ex-parte on 11.04.1997 but the applicants, after gaining knowledge thereof, filed application for setting aside the ex-parte decree. The application filed by them was allowed on 20.03.2024 and the ex-parte judgment has been set aside. The applicants claim title in the subject land. It is stated in the affidavit filed in support of the impleadment application that they had moved application before Special Land Acquisition Officer bringing to his notice the fact that they are claiming title in the subject land and their restoration application was pending and, upon which, the Special Land Acquisition Officer, by order dated 06.08.2022, stayed payment of sale consideration amount to the petitioners, in respect of Plot Nos. 133ka, 180 and 181, until further orders. It is stated that the applications filed by the applicants before the District Magistrate, Ballia and other revenue officials claiming title in the subject land are still pending. The applicants, therefore, claim to be necessary and proper parties to the instant proceedings.
4. Learned counsel for the petitioners could not dispute that the applicants are claiming title in part of the land comprising of Plot Nos.180, 181 and 133Ka covered by the sale deed executed by the petitioners in favour of the Authority and also that an interim order passed by the Special Land Acquisition Officer, Ballia is already in operation.
5. We are, therefore, of the opinion that the applicants are 'necessary and proper parties' to the instant petition and, accordingly, their impleadment application is allowed and they have been heard in opposition to the instant petition.
6. Counsel for the petitioners submits that in respect of some portion of the land, a sale deed was executed by one Parwati Devi in favour of the Authority and she has already been paid sale consideration amount, however, he does not dispute that the rival claims of the parties are still pending consideration before the Special Land Acquisition Officer and that interim order passed by him on 06.08.2022 is still in operation.
7. The instructions furnished by the State-respondents mentions that the dispute relating to title being pending in the court of Sub Divisional Officer, the compensation amount has been withheld.
8. Having regard to the aforesaid facts and circumstances, we are of the opinion that interest of justice would be served in directing the Special Land Acquisition Officer, Ballia (respondent No.3) to pass a speaking order in respect of the rival claims of the parties within a period of twelve weeks from the date of communication of the instant order, after providing opportunity of hearing to them or any other person likely to be affected.
9. The writ petition is disposed of, accordingly.
Order Date :- 14.5.2024
Jyotsana
(Kshitij Shailendra, J.) (Manoj Kumar Gupta, J.)
