Court No. - 4
Case :- WRIT - C No. - 28137 of 2019
Petitioner :- Jhagadu Gupta
Respondent :- State Of U P And 5 Others
Counsel for Petitioner :- Om Prakash Kannaujia,Ganesh Shanker Srivastava
Counsel for Respondent :- C.S.C.,Ashok Kumar Pandey
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Per: Hon’ble Prakash Padia J.
1. The petitioner has preferred the present writ petition with the following prayers:-
(i) Issue a writ, order or direction in the nature of mandamus directing the respondent Nos.4 and 6 to provide compensation to the petitioner of this acquired land of Gata No.681Ka, area 0.27 hectare, situated in Village Mahewa, Pargana Dhosh, Teshil and Post Mughalsarai, District Chandauli as per state government policy and govt. order dated 19.03.2015.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent concerned to decide the representation dated 17.12.2018 of the petitioner.
2. Facts in brief as contained in the writ petition are that the petitioner is title holder of Gata No.473, area 0.27 hectare, situated in Village Mahewa, Pargana Dhosh, Teshil and Post Mughalsarai, District Chandauli. Out of the aforesaid land, the State Government acquired 0.109 hectare land of the petitioner for construction of G.T. Road (N.H.- 2). It is further contended that another land of the petitioner, i.e., Gata No.681Ka, area .0109 was also acquired by the State Government but till date no compensation whatsoever has been paid in this regard to the petitioner. The petitioner also appended certain revenue records in respect of Gata No.473 and Gata No.681Ka as well as order passed by the Pargana Adhikari Chandauli, all are filed as Annexure No.1 to the writ petition collectively. Since the compensation was not paid, an application was also submitted by the petitioner under the Right to Information Act.
In spite of the same, since the compensation was not paid, the petitioner submitted a representation on 17.12.2018 to the Competent Authority/Land Acquisition Officer, National Highways Authority of India Varanasi Division Varanasi.
3. Learned counsel for the petitioner relied upon a Government Order dated 19th March, 2015 by which a committee was constituted by the State Government, copy of which is appended as Annexure No.5 to the writ petition. It is further contended that in spite of the fact that the land of the petitioner has been taken by the respondents but till date no compensation in respect of the aforesaid land has been paid to him. Hence, the petitioner has preferred the present writ petition with the prayer to issue a mandamus directing the respondents No.4 and 6 to provide the compensation to the petitioner with a further prayer to direct the authority concerned to decide his representation dated 17.12.2018.
4. We have gone through the facts narrated in the writ petition. From perusal of the writ petition, it transpires that certain land of the petitioner was taken by the respondents for construction of G.T. Road (N.H.-2) but in lieu of the same, no compensation was paid to the petitioner till date.
5. In the facts and circumstances of the case, without expressing any opinion on merits, we dispose of this writ petition with liberty to the petitioner to file a fresh comprehensive representation before respondent No.4 ventilating all his grievances within a period for three weeks from today along with certified copy of this order. It is made clear that in case any such representation is filed by petitioner within the period stipulated hereinabove before respondent No.4, he will decide the same by a speaking and reasoned order as expeditiously as possible preferably within a period of two months from the date of filing of such representation by the petitioner.
13. With the aforesaid observations, the writ petition is disposed of. No order as to costs.
Order Date :- 27.8.2019/saqlain