Court No. - 4
Case :- WRIT - C No. - 31643 of 2019 Petitioner :- Smt. Pankaj Katiyar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Lal Mani Singh,Raghuvir Sharan Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Neeraj Dube
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner, Assistant Solicitor General of India for the respondent no.1 and Sri R. K. Jaiswal for the respondent no.2 and learned Standing Counsel for the respondents no.3 and 4.
The only grievance, which has been raised by the petitioner in this writ petition is that although an area of 1281 sq.meter of petitioner's plot no.181, total area 1281 sq.meter was acquired for the purpose of road widening and award was made on 26.07.2018 but till date not a single penny has been paid to the petitioner as compensation by the respondents. Even the representation filed by the petitioner before the respondent no.4 on 21.05.2019 for releasing the amount of compensation in his favour has not been decided till date. Hence the petitioner has filed the instant writ petition with the following prayers:-
"i) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.3 and 4 to release the compensation in favour of petitioner in respect of acquired land/cold storage of petitioner bearing arazi no. 181 measuring 1281 square meter situated at village Hasauli Kaziganj, Tehsil Bilhaur, District Kanpur Nagar in pursuance of the award dated 26.07.2018 expeditiously preferably within stipulated period as fix by this Hon'ble Court;
ii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents no.3 and 4 to decide the representation moved by petitioner dated 21.05.2019 and 27.07.2019 pending before them in the light of award dated 26.07.2018 (Annexure No.3 and 4 to the writ petition)"
Having heard learned counsel for the parties and perused the material brought on record, without expressing any opinion on merits, we dispose of this petition directing the respondent no.4 to decide the representation filed by the petitioner before him on 21.05.2019 (annexure 3 to the writ petition) for releasing the amount of compensation awarded to him in respect of plot no.181 within a period of two months from the date of production of a certified copy of this order before him, in case there is no impediment, after affording opportunity of hearing to any other persons, who may claim interest in the plot in question.
Order Date :- 27.9.2019 Swati