Court No. - 21
Case :- WRIT - C No. - 15079 of 2019 Petitioner :- Kalawati And 14 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Viresh Kumar Gupta Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
Petitioners, are 15 in number, are seeking direction to the respondent No.2 for providing package of rehabilitation/resettlement in pursuance of the Government Order dated 25.10.2014.
According to the petitioners, their land was acquired for construction of Kanhar Dam. State Government on 25.10.2014 issued a Government Order for the payment of rehabilitation and resettlement of the persons, who are ousted from the land for the construction of Kanhar Dam Project. The said Government Order has been annexed as Annexure-4 to the writ petition.
Reliance has been placed upon the decision of a coordinate Bench in Writ-C No. 2620 of 2018, Dev Muni and 10 others versus State of U.P. and others, whereby a direction was given to the District Magistrate to consider the grievance of the petitioners. Order passed in the aforesaid writ petition is extracted here-as-under:
"We, therefore, provide that the petitioners may move an application before the respondent no.2-District Magistrate, Sonbhadra/Administrator (Rehabilitation) Kanhar Irrigation/Dam Project, Sonbhadra with a certified copy of this order within a period of two weeks and in case such an application is filed, the respondent no. 2, after making such enquiries, shall pass a reasoned and speaking order within a period of two months thereafter.
The writ petition is disposed of with the aforesaid observations. "
Having heard learned counsel for the petitioners and Standing Counsel for the respondents.
No useful purpose will be served in keeping the matter pending, as such with the consent of the parties, the matter is taken on board.
We direct the respondent No.2 to consider and decide the application of the petitioners dated 11.04.2018 pending consideration in accordance with law expeditiously, preferably within a period of three months from the date of production of certified copy of this order.
With the aforesaid observation, the writ petition stands disposed of.
It is made clear that the Court has not adjudicated the claim of the petitioners on merits and the District Magistrate is to take decision in accordance with law.
Order Date :- 30.4.2019 A.N. Mishra