Court No. - 38
Case :- WRIT - C No. - 24823 of 2018 Petitioner :- Jogendra @ Yogendra Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Hesamuddin Khan,Archit Mandhyan Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Abhinava Upadhya,J. Hon'ble Shashi Kant,J.
Heard Shri Archit Mandhyan, learned counsel for the petitioner; Shri Vinayak Nath Singh holding brief of Shri Kaushalendra Nath Singh, learned counsel for the respondent no. 3 and learned Standing Counsel for the State-respondents.
The petitioner claims that he was bhumidhar and kashtkar of Khata No. 619, Khasra No. 388, area 3 bigha 2 biswa of Village-Sadarpur, Pargana and Tehsil-Dadri, District-Gautam Budh Nagar which was acquired in 2010 pursuant to a notification under Section 4 of the Land Acquisition Act of 2002.
It is submitted that after the law laid down in the case of Gajraj and others Vs. State of U.P. and others (Writ Petition No. 37443 of 2011) by judgment dated 21.10.2011 the petitioner has been awarded additional compensation of 60% and odd but as per the Gajraj's decision the petitioner was also entitled to 10% for the area acquired as developed land, out of which only 5% has been given to the petitioner and for remaining 5% the petitioner's application dated 13.6.2018 is pending before respondent no. 3 and has not been considered so far.
The writ petition is disposed of with the direction to respondent no. 3 to consider the claim of the petitioner and pass appropriate order in accordance with law, as far as possible, within three months from the date a certified copy of this order is presented before it.
Order Date :- 30.7.2018 Sunil Kr. Gupta (Shashi Kant, J.) (Abhinava Upadhya, J.)