Court No. - 21
Case :- WRIT - C No. - 15185 of 2018 Petitioner :- Indra Pal Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Syed Mohd. Khalid Counsel for Respondent :- A.S.G.I.,C.S.C.,Neeraj Dube
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, Sri R.K.Jaiswal, learned counsel for the respondent no. 1 and Sri Neeraj Dubey, learned counsel for respondent no. 2.
Land belonging to the petitioner was subject matter of acquisition by the National Highway Authority of India, Moradabad. His grievance is that much more area than what was notified has been taken over by the National Highway Authority of India without paying any compensation.
Learned counsel for the petitioner referring to a letter dated 16.8.2016, filed as annexure-5 to the writ petition, contends that District Magistrate submitted a report to the Project Director, respondent no. 2 that though only 0.144 hectare of plot no. 263 belonging to the petitioner was subject matter of acquisition but on survey and measurement it was found that the remaining area of 0.200 hectare has also been illegally taken over and the petitioner is entitled to payment of compensation. Learned counsel for the petitioner further contends that till date no compensation has been paid.
Considering the facts and circumstances of the case, we dispose of the writ petition giving liberty to the petitioner to make a fresh representation ventilating his grievances before the respondent no. 4, Special Land Acquisition Officer (Joint Organization), district Bareilly annexing therewith all relevant documents in support of the claim and a certified copy of this order within two weeks from today, with the direction to the said authority that in case any such representation is made, he shall consider and decide the same in accordance with law by means of a reasoned and speaking order within a further period of four weeks from the date of making of the representation, after notice and opportunity of hearing to all concerned.
Needless to observe that in case the claim of the petitioner is found to be correct that possession of excess area has been taken over, he shall be entitled for payment of compensation for the said area.
Order Date :- 26.4.2018 nd