Court No. - 4
Case :- WRIT - C No. - 27147 of 2019 Petitioner :- Genda Lal And Another Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Manish Pandey Counsel for Respondent :- C.S.C.,Rajnish Kumar Rai
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
This writ petition has been filed by the petitioners with the prayer :
(i) Issue a writ, order or direction in the nature of mandamus directing the Collector, Etawah to allot the lands, in view of the provisions contained in Para 7.4.1. of the National Rehabilitation and Resettlement Policy, 2007 to the petitioners who are landless persons as their land has been acquired by the Central Government.
(ii) Pass any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iii) Award the costs of the petition to the petitioners.
Upon perusal of the averments made in the writ petition and the documents appended thereto, it transpires that the petitioners' land was acquired in the year 2009 by way of notification issued under Section 20- E(1) of Section 20-A of the Railways Act, 1989 by which the entire area of the petitioners' plot no. 267 area 1.0800 hectare was acquired. The petitioners claim that they are entitled to benefit of Section 20-O(1) of the Railways Act, 1989 as well as National Rehabilitation and Resettlement Policy, 2007.
Ventilating their grievances, the petitioners have already filed applications before the respondents on 23.02.2019, 14.03.2019, 21.06.2019 and 24.06.2019, copies whereof have been brought on record collectively as Annexure-11 to the writ petition.
The grievance of the petitioners appear to be that the applications filed by the petitioners before the respondents have not been decided till date.
In view of the above, without expressing any opinion on the merits of the case, we dispose of this writ petition with liberty to the petitioners to file a fresh representation raising all their grievances which have been taken by them in this writ petition before the respondent no. 4, Collector Etawah within a period of four weeks from today along with certified copy of this order and in case any such representation is filed by the petitioners before the respondent no. 4 within the time indicated hereinabove, he shall consider and decide the same strictly in accordance with law by a speaking and reasoned order as expeditiously as possible preferably within a period of three months from the date of filing of such representation by the petitioners before him or in case respondent no. 4 is not competent to decide the petitioners' claim, he shall forward it to the competent authority.
Order Date :- 27.8.2019/SA