Court No. - 29
Case :- WRIT - C No. - 28721 of 2018 Petitioner :- Anand Giri Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Kumar Rai,Purnendu Prakash Pandey 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.
Petitioner alleges that his private land of plot no.1845 area 0.150 hectare situate in village Sukhpura Paragana Kharid, Tehsil Bandhidh, District Ballia has been utilized by the respondents for the construction of road without acquiring it and without paying any compensation.
The petitioner has, therefore, preferred this writ petition for a direction to the respondents to pay the compensation of the aforesaid land.
The documents annexed with the petition reveals that same enquiry in the matter was conducted and it has been opined therein that the road has been constructed on the chak road and not on the land of the petitioner. The report further states that it is not actually clear about the location of the petitioner's land and that the lekhpal and Kanoongo of the Revenue Department be directed to make measurement in this regard.
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.
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