Court No. - 38
Case :- WRIT - C No. - 27578 of 2013 Petitioner :- Hridya Narayan And 4 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Bairister Singh,Awadhesh Kumar Singh,Sachichida Nand Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
By means of this writ petition the petitioners have come to this Court raising grievance that their land was utilized for construction of extension of canal in the year 1989. It is further submitted that a notification under Section 4 of the Land Acquisition Act was issued on 11.08.1986 but it appears that declaration under Section 6 was never made nor any award was made. However, the land of the petitioners was utilized in the year 1989.
The petitioners remained silent for this long period and for the first time filed the writ petition in the year 2013.
Learned counsel for the petitioner places reliance upon a government order dated 19.03.2015 which provides a procedure for purchase of land from land owners by mutual consent and under the guidelines mentioned therein it is provided that for the purposes of determination of rates to be paid, the sale deeds and also the prevalent circle rates during a period of six months prior to the commencement/approval of the project, would be considered.
The petitioners appearing before this Court gave their consent that their claim be considered according to the Government order as is reflected by orders dated 22.02.2015 and 30.07.2015. It appears that the petitioners' claim was considered under the Government Order dated 19th March, 2015 and an amount has been determined but the learned counsel for the petitioners submits that till date that amount still has not been paid.
Learned counsel for the petitioners further submits that he does not wish to press other prayers made in the writ petition except the prayer for payment of compensation as determined by the Committee.
The writ petition is disposed of with the observation that in case the petitioners make a representation to the District Magistrate, Mirzapur and if any amount has been determined under the Government Order dated 19.03.2015 the same may be paid after following the procedure prescribed without unnecessary delay, if there is no other legal impediment.
At this stage, learned counsel for the petitioner also makes a prayer for payment of interest in respect of alleged delay in making payment. In this regard this Court while refraining from making any observation with regard to merits of the claim as made leaves it open to the petitioners to raise any grievance which they may have with regard to the delay, if any, in making the payment before the authority concerned, which may also be considered as per relevant Rules/Government Orders while considering the representation of the petitioners. The said decision shall be taken by the authority concerned as far as possible within four months from the date of production of a certified copy of this order.
Order Date :- 23.1.2019 Imroz [Dr. Y. K. Srivastava, J.] [Abhinava Upadhya, J.]