Court No. - 4
Case :- WRIT - C No. - 18950 of 2019 Petitioner :- Indrajeet Singh Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Siya Ram Verma,Vivek Kumar Rai Counsel for Respondent :- C.S.C.,Sharad Ranjan Nigam
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondents no.3 to 6 and Sri B. K. Pandey, holding brief of Sri Sharad Ranjan Nigam, learned counsel for the respondents no.1 and 2.
The petitioner has preferred the present writ petition inter-alia with the prayer to issue a mandamus directing the respondents authorities specially District Magistrate, Mirzapur to call for the report in compliance of order dated 6.9.2018 passed by him from the duly constituted committee regarding assessment of compensation along-with interest on delayed payment of compensation for acquired portion of land situated at Village Nadihar, Tehsil Madihan, District Mirzapur.
The contention of the petitioner is that part of his land situated at Arazi No.31 is being used for the construction of subway by the railway authorities without acquiring it and without paying the compensation. In this regard petitioner earlier filed a writ petition before this Court being Writ C No.25630 of 2018 (Indrajeet Singh Vs. Union of India and others). The said writ petition was finally decided by a coordinate Bench of this Court vide judgement and order dated 31.7.2018 by which District Magistrate was directed to verify the necessary facts and to report if the construction of subway is being made on any part of the land of the petitioner. The order passed by this Court dated 31.7.2018 was duly communicated by the petitioner to the District Magistrate, Mirzapur/respondent no.4. Subsequently in compliance of the orders passed by this Court in the aforesaid writ petition an order dated 6.9.2018 was passed by the respondent no.4, copy of which is appended as annexure no.1 to the writ petition.
From perusal of the aforesaid order, it is clear that the petitioner is owner of the land, Arazi No.31 measuring area 3.215 hectare situated at Village Nadihar, Tehsil Madihan, District Mirzapur. The said land was acquired by District Magistrate, Mirzapur, for certain constructions by Public Works Departments and the remaining land was given to the Government of India for the construction of a subway. It is also stated in the order that neither any compensation has been paid to the petitioner nor any member of his family was given any appointment in lieu of compensation. It is further stated in the order that as per the Government Order dated 12.5.2016 in case any complaint is made by any person that the possession of the land was taken without paying compensation of the same, the complaint will be placed before the committee constituted and thereafter the committee will submit its report before the District Magistrate within a period of two months.
In the present case vide order dated 06.09.2018 the respondent no.4/District Magistrate, Mirzapur directed for the constitution of a committee in terms of the G.O. dated 12.5.2016 but till date the committee has not submitted its report as such the petitioner was again compelled to approach this Court by filing the present writ petition.
The matter is indeed very serious. We are constrained to record our strong displeasure on the trend of taking possession of the private land of the citizens without acquisition or without providing any compensation to them. Such practice is unsound and should be deprecated. State authorities are taking the possession of the private land without acquisition or without giving any compensation whatsoever as provided under the law.
It is well settled law that before taking the possession, compensation as provided under the relevant statute should be paid by the authorities. It is clear that possession of the land was illegally taken by the State instrumentalities without providing them any compensation whatsoever. The aforesaid act on part of the authorities is in complete violation of Article 300-A of the Constitution of India. No person can be deprived of his property except by authority of law.
In the facts and circumstances and with the consent of learned counsel for the parties, the present writ petition is finally disposed of directing the District Magistrate, Mirzapur to constitute a Committee within a period of two weeks from the date of receipt of certified copy of this order as per the Government Order dated 12.5.2016 a reference of which has been made by him in the order dated 06.9.2018. Thereafter, the committee will take appropriate decision in the matter expeditiously preferably within a period of six weeks from the date of constitution of the Committee.
Needless to say that if it is found by the Committee that the petitioner is entitled for the compensation, the same should be paid to the petitioner within a period of one month from the date of orders passed by the Committee.
Accordingly, present writ petition is disposed of.
Order Date :- 30.7.2019 Pramod Tripathi