Court No. - 4
Case :- WRIT - C No. - 27152 of 2019 Petitioner :- Rajendra Kumar Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Manish Pandey,Vivek Shandilya(Senior Adv.) Counsel for Respondent :- C.S.C.,Rajnish Kumar Rai
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 directing the Collector, Auraiya to implement the National Rehabilitation and Resettlement Policy, 2007 fully and grant patta of the land in view of the of the provisions contained in para 7.4.1. of the National Rehabilitation and Resettlement Policy, 2007 to the petitioner who is a Simant Kisan as his land has been acquired by the Central Government.
(ii) Pass any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iii) Award the costs of the petition to the petitioner.
Upon perusal of the averments made in the writ petition and the documents appended thereto, it transpires that the petitioner's land was acquired in the year 2011 by way of notification issued under Section 20- E(1) of Section 20-A of the Railways Act, 1989 by which out of 0.7610 hectare, area of 0.6230 hectare of plot no. 2711 of the petitioner was acquired. The petitioner claims that he is entitled to benefit of Section 20- O(1) of the Railways Act, 1989 as well as National Rehabilitation and Resettlement Policy, 2007.
Ventilating his grievance, the petitioner has already filed applications before the respondents on 24.06.2019 and 13.06.2019, copies whereof have been brought on record collectively as Annexure-4 to the writ petition.
The grievance of the petitioners appear to be that the applications filed by the petitioner before the respondents 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 representation raising all his grievances which have been taken by him in this writ petition before the respondent no. 4, Collector Auraiya within a period of four 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. 4 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 or in case respondent no. 4 is not competent to decide the petitioner's claim, he shall forward it to the competent authority.
Order Date :- 27.8.2019/SA