Court No. - 38
Case :- WRIT - C No. - 18430 of 2018 Petitioner :- Chainpal And 99 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Dubey,Rishu Mishra Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Abhai Kumar,J.
By means of the present petition, the petitioners have come to this Court claiming that their land was notified for acquisition by notification no. 1559/8-3-2006-203 L.A./2004 dated 15.6.2006 under Section 4 of the Land Acquisition Act.
Some of the landholders namely M/s Shekhar Hotel and others had filed a writ petition no. 1195 of 2010 and this Court vide order dated 28.11.2016 allowed the writ petition increasing the compensation by 64.7%; directing allotment of developed abadi land to the extent of 10% of the land acquired of each of the landowners and compensation which is increased 64.7 to be payable immediately without taking away any rights of the landowners.
The petitioners claim themselves to be similarly situated and therefore the aforesaid benefit should be extended to them also.
Sri Bhupeshwar Dayal, learned counsel, appearing for the Development Authority - respondent no. 4 submits that there are about more than 100 petitioners and each claim has to be considered and therefore it should be best to direct the Development Authority to look into each of the claim of the petitioner in the light of the judgment in M/s Shekhar Hotels and another Vs. State of U.P. and others, passed in Writ Petition No. 1195 of 2010 on 28.11.2016, and pass a fresh order.
The writ petition is disposed of with the direction to the respondent no. 4 to consider the claim of the petitioners in the light of the judgment dated 28.11.2016 passed in Writ Petition No. 1195 of 2010 and whether the petitioners are eligible for such benefit, the Development Authority will also keep in mind the law laid down in the case of Gajraj and others Vs. State of U.P. and others reported in 2011 (11) ADJ 1.
The petitioners may file separate representation before the Development Authority.
With the aforesaid observation, the writ petition is finally disposed of.
Order Date :- 28.5.2018 Ranjeet Sahu (Abhai Kumar, J.) (Abhinava Upadhya, J.)