Court No. - 39
Case :- WRIT - C No. - 24314 of 2020 Petitioner :- Pooran Singh And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kamini Pandey (Dubey),Anand Kumar Pandey Counsel for Respondent :- C.S.C.,Vivek Saran
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the respondent nos.1,2,3 & 5 and learned counsel Shri Vivek Saran, representing the respondent nos.4 & 6 and have perused the record.
The instant petition has been filed seeking following relief:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the reports dated 26.5.2018 & 9.10.2019 (Annexure nos.10 & 11 to the writ petition) only to the effect that the tenure holders are agreed to get 20% less compensation than circle rate which has been fixed 4 times as provided under the Act;
(ii) Issue a writ, order or direction in the nature of certiorari quashing the circle rate determined fixed by the District Collector, Mathura vide his letter dated 6.7.2016 (Annexure-4 to the writ petition);
(iii) Issue a writ, order or direction in the nature of mandamus commanding the Additional District Magistrate (Land Acquisition)/Special Land Acquisition Officer to determine the market value of the land on the basis of the circle rates being revised by the District Collector and declare the award in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;
(iv) Issue a writ, order or direction in the nature of mandamus commanding the respondents to enhance the circle rate of the petitioner's Khasra from 100 lakh according to the prevailing circle rate;
(v) Issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case;
(vi) Award cost of the petition to the petitioners."
Having considered the submissions advanced by the leaned counsel for the parties and taking into consideration the facts and circumstances but without entering into the merits of the case, the writ petition is disposed of with the liberty to the petitioners to file fresh representation before respondent No.2 within a period of two weeks ventilating all their grievances, which shall be considered and decided by the respondent No.2 by a speaking and reasoned order after giving due opportunity of hearing to the contesting parties within four weeks thereafter in accordance with law.
Order Date :- 7.1.2021 M. Tariq