Court No. - 29
Case :- WRIT - C No. - 28722 of 2018 Petitioner :- Achyuta Nand Srivastava And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The grievance of the petitioners in this petition is that their land has been utilized by the respondents for the purposes of constructing a canal and road but without acquiring it and without paying any compensation.
The Government Order dated 12.5.2016 provides for the payment of compensation, if any, private land of any person is illegally utilized by the State Department.
The petitioner has submitted a representation dated 28.4.2017 raising his above grievance and demanding compensation before the District Magistrate.
In view of the above, the petitioner may approach the District Magistrate with a comprehensive representation in accordance with aforesaid Government Order whereupon the District Magistrate would take appropriate action and get the land surveyed/measured so as to come to at definite conclusion, if any, land of the petitioner has been utilized for the construction of the road and, if so to make the payment of compensation at the fair market value.
In view of the above facts and circumstances of the case, we dispose of the petition with liberty to the petitioner to make a representation accordingly to the District Magistrate within a period of two weeks from today whereupon he will take appropriate action as directed in accordance with law most expeditiously preferably in the next three months.
Order Date :- 24.8.2018 Junaid