Court No. - 39
Case :- WRIT - C No. - 11567 of 2018 Petitioner :- Rabeesh Chand Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Ramesh Prasad Mishra Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
(Delivered by Hon'ble Jayant Banerji,J.) This writ petition has been filed for directing the Special Land Acquisition Officer for making the payment of compensation regarding land bearing Khasra No.- 474/1 and 475/1 to the petitioner who is the recorded owner.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondent nos. 1 and 2.
It is stated that the petitioner had executed a power of attorney in favour of one Govind Sharan (respondent no. 3) and Hem Prakash on 2 December 1989. Govind Sharan in turn, it is alleged, had sold the entire right and interest pertaining to the land in favour of and in collusion with Rajendra Prasad Arya (respondent no. 4) and this land was acquired by the National Highways Authority of India. A suit was filed by the respondent no. 4 without making the petitioner a party. This suit came to be decreed on 30 November 2013 on the basis of a compromise before the Lok Adalat. After getting the information of the decree obtained by the respondent no. 4, the petitioner filed a civil suit in the Court of Civil Judge (Junior Division) Chhata, Mathura for declaring the decree dated 30 November 2013 void.
It is stated that the Special Land Acquisition Officer is proceeding to make payment of compensation to the respondent no. 4.
A perusal of the records reveal that a decree exists in favour of respondent no. 4 which has not been set aside yet. As such, in case the Special Land Acquisition Officer proceeds for payment of the compensation amount to respondent no. 4 on the basis of the decree of the court below, the same is not liable to be interfered with by this Court. However, in the peculiar facts of the case, we direct that in case payment of compensation is made, an appropriate indemnity bond be obtained from the payee by the Competent Authority.
With the aforesaid observation, this writ petition is dismissed.
Order Date :- 30.3.2018 A. V. Singh (Dilip Gupta,J.) (Jayant Banerji,J.)