Court No. - 29
Case :- WRIT - C No. - 19505 of 2018 Petitioner :- Pappu And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akanksha Gaur,Shiv Nath Singh Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Petitioners made an application dated 18.01.2018 under Section 17 of the U.P. Urban Planning and Development Act for return of the land which was subject matter of acquisition but neither any compensation is made nor land is utilised for the purpose which it was acquired.
Learned counsel for the petitioners contends that notification under Section 4(1) was issued on 9th August, 2004 and declaration under Section 6 was made on 3rd August 2005 and more than five years have lapsed but still land is not utilised, thus the petitioner is entitled for being returned the land.
The issue being raised are purely factual in nature and as such, no useful purpose would be served by keeping this petition pending and calling for a counter affidavit. Interest of justice would stand served by directing a fact finding authority to consider the grievance of the petitioner at the first instance.
Since an application dated 18.01.2018 has already been made by the petitioners before respondent no.1, we dispose of this writ petition by directing the respondent no.1 to take appropriate decision on the said application, in accordance with law, by a reasoned and speaking order within two weeks from the date of production of certified copy of this order before him.
Order Date :- 28.5.2018 A.Kr.*
[Ashok Kumar, J.] [Krishna Murari, J.]