Court No. - 36
Case :- WRIT - C No. - 40793 of 2019 Petitioner :- Smt. Anita Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Azad Khan Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Azad Khan, learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the respondents.
By means present writ petition, petitioner has sought following relief:
"(a). issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 24.7.2019 passed by the Additional District Judge, Mirzapur in Misc. Appeal No.58 of 2013 (Smt. Anita Devi vs. Forest Department, Mirzapur) and the impugned order dated 5.8.2013 passed by the Forest Settlement Officer, Mirzapur in Case No.12/69 of 2001 (Smt. Anita Devi vs. Forest Department, Mirzapur)."
Learned counsel for the petitioner has stated that the present matter is squarely covered by judgment and order dated 12.12.2019 rendered in Writ C No.36555 of 2019 (Paras Nath vs. State of UP and another) connected with Writ C Nos.40794 of 2019 and 40795 of 2019. The operative portion of the judgement is reproduced herein below:-
"The submission of the counsel for the petitioners is that once the land is acquired and the compensation is not paid, the petitioners would be entitled to compensation in terms of the provisions of Section 24 (1) of the Right of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and thus suitable directions be issued either permitting the petitioners to retain the lands allotted to them in view of the acquisition of the lands of petitioners or to pay compensation as provided under Section 24 (1) of the said Act.
In this regard, the State Government has issued a Government Order dated 12.5.2016 which provides for constitution of a Committee under the Chairmanship of the District Magistrate for determining the quantum of compensation payable to the persons whose lands have been acquired without following due process of law.
In view of the provisions of the said Government Order as well as the statutory provisions under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, I deem it appropriate to dispose off the aforesaid writ petitions with a direction to the District Magistrate, Mirzapur to immediately constitute a Committee as provided in G.O. dated 12.5.2016 and decide the amount of compensation payable to the petitioners for the land which they owned and was acquired in the year 1968 keeping in view the statutory provisions of Section 24(1) of the said Act. The said decision shall be taken expeditiously, preferably within a period of six months from the date of production of certified copy of this order and the compensation so determined shall be paid to the petitioners/owners of the land/their legal heirs expeditiously.
Till the decision is taken and the compensation is paid, no steps shall be taken to evict the petitioners from the land allotted to them.
The present petitions are disposed off in terms of the said directions."
So far as factual and legal aspect of the matter is concerned, the same has not been disputed by learned counsel appearing for the respondents.
Considering the aforesaid facts and circumstances of the case, the present writ petition is also allowed in terms of the judgement and order dated 12.12.2019 passed in Writ C No.36555 of 2019 (Paras Nath vs. State of UP and another).
Order Date :- 18.12.2019 RKP