Court No. - 4
Case :- WRIT - C No. - 28151 of 2019 Petitioner :- Parmarth Giri Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Subhash Gosain Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
This writ petition has been filed by the petitioner with the prayer :
(i) Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent no. 2, District Magistrate Varanasi and the respondent no. 3, Executive Engineer, Gyanpur Nahar Prakhand, District Bhadohi to provide compensation to the petitioner for the land given by him for construction of a Canal by the department of respondent no. 3, Executive Engineer, Gyanpur Nahar Prakhand, District Bhadohi.
(ii) issue a writ, order or direction in the nature of mandamus directing the respondent no. 2, District Magistrate, Varanasi to decide the representation dated 23.7.2019 (Annexure-5 to the writ petition) made by the petitioner.
(iii) issue a writ, order or direction in the nature of mandamus directing the respondent no. 3, Executive Engineer, Gyanpur Nahar Prakhand, District Bhadohi to decide the representation dated 23.7.2019 (Annexure-6 to the writ petition) made by the petitioner.
(iv) Issue any other suitable writ order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(v) Award the costs of the writ petition to the petitioner.
Upon perusal of the averments made in the writ petition and the documents appended thereto, it transpires that the petitioner is the recorded bhumidhar of Arazi/Khasra No. 706, Rakba-29 hectare, Arazi/Khasra No. 708, Rakba-27 hectare and Arazi/Khasra No. 715, Rakba-0.030 hectare situated at Village-Kundaria, Pargana-Kaswar Raja, Tehsil-Raja Talab, District Varanasi. Copies of the relevant khataunis have been brought on record collectively as Annexure-1 to the writ petition. On 16.3.2017, the respondent no. 3 issued a letter to the land owners including the petitioner seeking their consent for acquisition of their land for the purpose of construction of Gyanpur Canal Project against the payment of compensation. Upon receiving the letter dated 16.3.2017, the petitioner approached the respondent no. 3 and gave his consent to his land being utilized for the purpose of construction of Gyanpur Canal Project.
The grievance of the petitioner appears to be that although his land has been utilized for the purpose of construction of Gyanpur Canal Project but till date not a single penny has been paid to him as compensation. Even the representations filed by the petitioner on 23.7.2019 before the respondent nos. 2 and 3 (Annexure-5 to the writ petition) requesting him to grant compensation with regard to his land which has been utilized for the purpose of construction of Gyanpur Canal Project have not been decided till date.
In view of the above, without expressing any opinion on the merits of the case, we dispose of this writ petition with liberty to the petitioner to file a fresh comprehensive representation raising all his grievances which have been taken by him in this writ petition before the respondent no. 2, District Magistrate, Varanasi within a period of three weeks from today along with certified copy of this order and in case any such representation is filed by the petitioner before the respondent no. 2 within the time indicated hereinabove, he shall consider and decide the same strictly in accordance with law by a speaking and reasoned order as expeditiously as possible preferably within a period of three months from the date of filing of such representation by the petitioner before him.
In case, petitioner is found entitle to any compensation, the same shall be paid to him within a period of two months from the date of which the respondent no. 2 takes decision on the petitioner's representation.
Order Date :- 27.8.2019 SA