Court No. - 39
Case :- WRIT - C No. - 64244 of 2014 Petitioner :- Dharmendra Kumar & 2 Others Respondent :- State Of U.P. & 3 Others Counsel for Petitioner :- Satendra Pratap Singh Counsel for Respondent :- C.S.C.,Ramendra Pratap Singh
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
It transpires from the records of the writ petition that the land belonging to Jaipal Singh was acquired under the provisions of Land Acquisition Act, 1894. It is stated that on death of Ajay Pal Singh, the right to receive compensation devolved on his four sons namely Vinod, Dharmendra, Dhanesh and widow of his fourth son Jaipal. The dispute in this petition is only about the payment of compensation to Vinod.
It is stated that he has been missing since 27 December 2016 and, therefore, should be presumed to be dead and his part of compensation should be distributed among the other three heirs of Jaipal Singh.
Learned counsel for the petitioners states that at present an order regarding civil death has not been passed by any Court of competent jurisdiction. He further states that the petitioners shall get a declaration to the civil death of Vinod and, thereafter, they can move an application before the Special Land Acquisition Officer for payment of compensation.
Leaving it open to the petitioners, the writ petition is, accordingly, dismissed.
It is made clear that this order shall not preclude the petitioners from getting a declaration about the death of Vinod from a competent Court.
Order Date :- 28.3.2018 Akram (Dilip Gupta,J.) (Jayant Banerji,J.)