Court No. - 29
Case :- WRIT - C No. - 41571 of 2019 Petitioner :- Daya Shankar And 20 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Satyendra Kumar Pal Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Sri Mahavir Yadav, learned counsel holding brief of the counsel appearing for the petitioners and learned Standing Counsel.
The land of the petitioners has been acquired and utilised for the construction of Indo-Nepal Border Road.
The contention of the learned counsel for the petitioners is that the petitioners have been paid compensation at a very low rate in comparison to the compensation paid for the land acquired for the same project in respect of some other persons and other villages.
A perusal of enclosure filed with the writ petition reveals that the land of the petitioners was not acquired rather the petitioners have sold the land to the Governor of U.P. through the Executive Engineer, Indo-Nepal Boarder by various sale deeds one of which is dated 30.06.2014.
The petitioners have executed sale deeds of their land for the construction of the above road at the rate equivalent to the rate prescribed for charging stamp duty plus Rs.10,000/- for the rehabilitation purposes.
Once the petitioners have voluntarily transferred their land by sale deeds on a fixed consideration, they cannot complaint that they have been paid inadequate compensation or sale consideration and they ought to be paid higher amount as has been paid to the other persons whose land has been utilised for the same project.
In view of above, we find no merit and the same is dismissed.
Order Date :- 19.12.2019 piyush