Hon'ble Jaspreet Singh,J.
Heard Sri Abhisht Saran, learned counsel for the petitioner and Sri Mohd. Saeed, learned counsel for the respondent no.2 and learned Standing Counsel for the State respondent.
By this writ petition the petitioner has prayed for quashing the order dated 26.07.2011 passed by the respondent no.1, Special Land Acquisition Officer, Unnao and also for a direction to the respondent no. 1 to pay the compensation to the petitioner, on the ground that initially Khata No. 31 belonged to four sons of Ayodhya Singh, namely, Chandra Pal Singh, Chhotey Singh, Laloo Singh and Jagat Pal Singh. Jagat Pal Singh died leaving behind his sons Ashu Kumar Singh and Avadhesh Kumar Singh. Laloo Singh died leaving behind his widow Smt. Shiv Devi and son Jang Bahadur Singh. Chhotey Singh was unmarried as such after his death his 1/4 share devolved upon his sole surviving brother Chandra Pal Singh as such Chandra Pal Singh became the co-owner to the extent of half share in Khata No. 31 along with the successor of his other deceased brothers Laloo Singh and Jagat Pal Singh.
According to the petitioner, through the registered sale deed dated 25.11.2004 Chandra Pal Singh transferred his half share in favour of petitioner and delivered its possession to him and the petitioner got his name mutated in the revenue records, therefore, after acquisition of land he is entitled for compensation. He is still in possession over the property in dispute.
Learned counsel for the respondent no. 2 has objected the aforesaid and has stated that Late Chhotey Singh had bequeathed his share to the respondent no. 2 by means of registered will dated 08.07.1993 and he is still in possession over the property in dispute.
Prior to filing of this writ petition, a Writ Petition No. 635 of 2009 (M/S) was filed by the present petitioner in which, vide order dated 06.02.2009 further proceedings of the court below has been stayed. Thereafter, an objection was filed by the opposite party no.2 to the effect that till disposal of the Writ Petition No. 635 of 2009 (M/S), the amount of compensation be not released in favour of the petitioner upon which objection, the respondent no.1 considering the fact that title dispute is pending between the parties and further proceedings of the court below has been stayed by this Court in Writ Petition No. 635 of 2009 (M/S), passed an order staying the disbursement of compensation amount till the final decision in the aforesaid writ petition, vide order dated 26.07.2011.
As per counter affidavit filed by the respondents no. 1 and 3, in compliance of the order dated 28.11.2011 passed in this writ petition, compensation towards 1/4 share amounting Rs. 2,58,077/- has already been paid to the petitioner on 13.01.2012.
Learned counsel for the petitioner has submitted that title dispute is pending before the competent court of law and Special Land Acquisition Officer has to decide the application on merit as there was stay order in writ petition no. 635 of 2009 (M/S), therefore, nothing has been decided by the Special Land Acquisition Officer.
An amount of Rs. 2,58,077/- has been paid to the petitioner on 13.01.2012 in pursuance to the order dated 28.11.2011 passed by this Court, this amount is subject to final payment of Special Land Acquisition Officer. At this stage we are not inclined to interfere as nothing has been decided, however, we direct the Special Land Acquisition Officer to decide the objection/application pending before it after considering the objection raised by the parties immediately after disposal of writ petition no. 635 of 2009 (M/S) or in case interim order passed therein is modified, in accordance with law.
With the above, the present petition is disposed of.
Order Date :- 27.8.2019 Ashish (Jaspreet Singh, J.) (Pankaj Kumar Jaiswal, J.)