Court No. - 29
Case :- WRIT - C No. - 19252 of 2018 Petitioner :- Prem Pal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Kesharwani 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.
This petition has been filed alleging that the State respondent has misappropriated the land of the petitioner for construction of road without paying any compensation.
Finding that a large number of writ petitions were being filed on the allegations that land has been utilized either by some Department of the State Government or some instrumentality of the State, illegally without taking recourse to law and providing compensation to such land holders, we passed an order in Writ Petition No. 19009 of 2016 on 17.5.2016 requiring the Chief Secretary of the State of U.P. to appear before us to assist in finding a way to curb such illegal practice. In pursuance thereof, State Government has issued a Government Order dated 12.5.2016 constituting a District Level Committee and providing a procedure to inquire into such factual assertions and to ascertain the compensation to be paid in such cases where the land has been utilized either by the the State Government or its instrumentality.
The issue being raised in this writ petition also requires investigation into questions of fact and, thus, we deem it appropriate to refer the matter to be considered by the Committee constituted vide Government Order dated 12.5.2016.
In such circumstances, writ petition stands disposed of giving liberty to the petitioner to make a representation before the Additional District Magistrate of the district who has been nominated as the Chairman of the Committee raising his grievances and annexing therewith all relevant documents in support of his allegations within three weeks from today with the further direction to the Committee to consider the claim of the petitioner and decide the same in accordance with the procedure prescribed and within the time frame provided for such adjudication in the said Government Order.
Order Date :- 28.5.2018 nd