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Amar Jeet & Ors vs State Of U P Thru Secr

High Court Of Judicature at Allahabad|11 October, 2018
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JUDGMENT / ORDER

Court No. - 33
Case :- WRIT - C No. - 11242 of 2010 Petitioner :- Amar Jeet & Ors.
Respondent :- State Of U.P. Thru. Secr. Revenue & Ors. Counsel for Petitioner :- R.C. Singh,Manoj Gautam,S.S.Sharma Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Mahboob Ali,J.
Although in the order dated 31.08.2015 passed by this Court, it has been observed that the compensation may be payable under Section 24 (1) (a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as plot no. 72 Ka was also notified for acquisition under Section 4. But from the notification, it appears that land in dispute was notified. Rather, notification was in respect of Plot No. 72 though the proposal was in respect of Plot No. 72-Ka, which belongs to the petitioners.
Specific stand has been taken in para 3 of the counter affidavit that Plot No. 72-Ka at the relevant time was recorded as Gaon Sabha land, therefore, the said plot was not included in the notification under Sections 4 and 6 of the Land Acquisition Act.
Learned counsel for the petitioners has not been able to demonstrate that Plot No. 72, which was notified, includes Plot No. 72-Ka of which proposal was sent but no notification was made.
Under the circumstances, the prima facie satisfaction drawn by this Court in its order dated 31.08.2015 that provision of Section 24 (1) (a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 would get attracted would have to be tested once again.
We therefore provide one opportunity to the petitioners to file affidavit explaining the aforesaid circumstances.
Sri R.C. Singh, learned counsel for the petitioners prays for and is granted three weeks time to file supplementary affidavit on the above aspect.
List after three weeks.
Order Date :- 11.10.2018 T.S.
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Title

Amar Jeet & Ors vs State Of U P Thru Secr

Court

High Court Of Judicature at Allahabad

JudgmentDate
11 October, 2018
Judges
  • Manoj Misra
Advocates
  • R C Singh Manoj Gautam S S Sharma