Hon'ble Manish Mathur,J.
The Advocate Commissioner's report filed today by Mr. Hari Om Pandey and Mr. Prabhat Singh is taken on record. Learned Standing Counsel has filed a report in a sealed cover on the basis of spot inspection on the affidavit. The same is also taken on record.
Heard learned counsel for petitioner as well as learned Standing Counsel for opposite parties 1,3 and 4 and Mr. S.B. Singh Advocate assisted by Mr. Varun Pandey for opposite party No.2. The writ petition has been filed seeking following reliefs:-
" (i) Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties to stop the illegal acquisition of land and stop the construction of road over the land gata no.570/0.2573 hect situated at village- Chaudahpras, Tahsil-Jalalpur, District-Ambedkarnagar till completion of acquisition proceeding and till payment of compensation of the above said land.
(ii) Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties to pay the compensation with the increment of abadi and increment of khadanza road of gata no. 570/0.2573 hect, village- Chaudahpras, Tahsil-Jalalpur, District-Ambedkarnagar according to the present circle rate."
As per the case of the petitioner as set out in the writ petition two of the co-sharers of land at gata No. 570 measuring 0.2573 hectare have sold their share of land to the opposite parties for the purpose of construction of Gorakhpur link road. However as per the writ petition of the petitioner till date no partition of the joint holding has taken place. It is submitted that the opposite parties have taken possession of the entire plot of land and have started construction of the link road. The court vide interim order dated 6.1.2021 has provided that unless gata No. 570 is partitioned, the opposite parties shall not encroach or attempt to encroach or make any construction thereupon till the next date of listing.
Learned counsel for petitioner submits that the petitioner is also ready to hand over the possession of his share of the plot in question provided he is paid the proper compensation as per the Act of 2013 and the relevant government orders issued in this regard.
The petitioner has preferred a representation dated 6.11.2020 in this regard before the District Magistrate, Ambedkar Nagar, opposite party No.3, the same is pending. It is submitted that petitioner is entitled to get compensation for the construction over the said plot in addition to the compensation for the land. In this regard petitioner has relied on the government order dated 19th of March, 2015 to assert that petitioner is entitled to get the enhanced rate of compensation as land in question is appurtenant to Kharanja road and abadi.
Be that as it may, we are of the considered view that in case the petitioner is ready to hand over the possession of his portion of the land at gata No. 570 measuring 0.2573 Hectare, the opposite parties shall take appropriate steps for taking the land on consent and pay the consideration amount as per the government order dated 19th of March, 2015. The District Magistrate Amedkar Nagar, opposite party No.3, shall therefore consider the representation of the petitioner dated 6.11.2020, a copy of which is annexed as Annexure No.8 to the writ petition, in accordance with law and take appropriate action in this regard expeditiously and till the land in question is taken by consent or acquisition, no construction shall be carried out by the opposite parties.
The Advocate Commissioners inform that they have not been paid remuneration fixed by the court vide order dated 6.1.2021. The petitioner as well as State authorities shall bear half and half expenses of the remuneration required to be paid to the Advocate Commissioners within 10 days.
The District Magistrate shall ensure payment of remuneration to the learned Advocate Commissioners within a period of 10 days from today.
Order Date :- 25.1.2021 prabhat