Court No. - 39
Case :- WRIT - C No. - 36089 of 2018 Petitioner :- Ashish Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Shandilya Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Rajiv Joshi,J.
Heard Sri Vivek Shandilya, learned counsel for the petitioner and learned Standing counsel for the State- respondents.
The present writ petition has been filed for issuance of a direction commanding the respondent no. 2 to 4 to make payment of compensation to the petitioner in respect of land of plot no. 68 area 0.200 hectare and plot no. 69 area 0.0120 hectare situate in Village Hilgana, Pargana and Tehsil Orai, District- Jalaun.
Contention of learned counsel for the petitioner is that he was a Bhumidhar of the aforesaid plots and the said land was declared for non agricultural purpose under Section 143 of the U.P. Zamindari Abolition and Land Reform Act 1950 (hereinafter referred as the Act), by the order of Sub-Divisional Magistrate dated 4.1.2013. Subsequently, the said land was taken over by the respondents for the construction of road to approach the bridge over river Betwa, on Kotra-Gursarain Road.
It is further stated by the learned counsel for the petitioner that land was not acquired and pursuant to a Government Order dated 19.3.2015 appended as annexure no. 7 to the writ petition, the concerned department has to execute the sale-deed after paying the compensation of the land which is four times of the market value/circle rate of the land. The petitioner has filed a representation in this regard to the concerned Executive Engineer, Public Works Department, Orai, District Jalaun (respondent no. 4) on 9.3.2017 along with the documents including the Government Order as well as copy of the circle rate, but no decision has been taken by the concerned respondent. Neither any order has been passed on the representation of the petitioner nor any compensation has been paid to the petitioner as yet.
Since the matter has already been represented and is pending before the authority concerned therefore, the Executive Engineer, PWD Orai, District Jalaun is directed to take decision on the representation of the petitioner dated 9.3.2017 appended as annexure no. 6 to the writ petition, in accordance with law expeditiously, preferably within a period of three months from the date of the production of certified copy of this order.
With the aforesaid directions, the writ petition stands finally disposed of.
It is made clear that we have not adjudicated the claim of the petitioner on merits. No order as to costs.
Order Date :- 30.10.2018 Akbar