Court No. - 21
Case :- WRIT - C No. - 15199 of 2018 Petitioner :- Narendra Prasad Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Land belonging to the petitioner along with other adjoining land of the co- tenure holders were subject matter of acquisition and the compensation was determined through negotiation with the parties. However, since the petitioner is residing outside the village as such, negotiation in respect of his land could not be finalized and no compensation has been paid. Whereas the adjoining land of other co-tenure holders were acquired and compensation was paid. Subsequently, the petitioner gave his consent and the matter of the petitioner was referred to the State Government in 2009. But till date no actual payment has been made.
Learned counsel for the petitioner referring to the information received under the Right to Information Act from the Office of the Executive Engineer, Deokali Pump Nahar Khand, district Ghazipur (annexure-4 to the writ petition) contends that compensation in respect of the land of the petitioner has been directed to be paid after approval from the Collector. Learned counsel for the petitioner further contends that the said information was received on 23 October, 2017 but till date no payment has been made.
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. 2, District Magistrate, district Ghazipur 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 proceed to 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 petitioner's case is found genuine and he is found to be entitled to pay compensation, the same should be paid forthwith preferably, within a period of two weeks from the date of decision on the representation.
Order Date :- 26.4.2018 nd