Court No. - 4
Case :- WRIT - C No. - 27502 of 2019 Petitioner :- Rajveer Bhati Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Shachindra Kumar Mishra Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondents no.1, 3, 4 and 5 and Sri Pranjal Mehrotra for the respondent no.2.
The instant writ petition has been filed by the petitioner with the following prayers :-
"I. Issue an appropriate writ, order or direction in the nature of mandamus to provide the compensation of the land area, on which the respondent authorities had constructed the road without acquisition proceedings, accordance with law.
II. Issue an appropriate writ, order or direction in the nature of mandamus to respondents No.4 to consider the claim of the petitioner accordance with law."
It is contended by learned counsel for the petitioner that petitioner is the recorded owner of Plot No.1053 area 3189.8 square meter (Old Plot No.535 area 3189.8 square meter) situate in Village-Khatana Dheer Khera (Dadari), District-Gautam Buddh Nagar (hereinafter referred as plot in question). It is next contended that in respect of the plot in question a notification was published under Section 3-D of the National Highways Act, 1956 (hereinafter referred as Act) on 12.3.2007 (annexure 2 to the writ petition). Thereafter a second notification was issued on 5.5.2017 under Section 3-D of the Act. Out of the total area of plot in question .6106 square meter of the plot in question and area of 3739.8 square meters stood acquired and award was made by the respondent no.4 in the year 2018 in respect of an area of 3739.8 square meter of the plot in question. He further contended that when the construction of road commenced the respondents utilised an area in excess as the acquired with regard to which no compensation has been paid. Even the representations filed by the petitioner on 19.4.2017 and 28.2.2018 (annexure 4 to the writ petition) before the respondent no.4 in this regard have not been decided till date. Learned counsel for the petitioner further contended that it is evident from the report dated 10.4.2018 submitted by the Lekhpal, Tehsil Dadari before the revenue authority (annexure 5 to the writ petition) that the petitioners' land in excess of the acquired area of the plot in question has been used by the respondents for the purpose of road construction.
Per contra Sri Pranjal Mehrotra, learned counsel for the respondent no.2 submitted that the construction of the road by the respondent no.3 is confined to only that area of the plot in question, which was acquired and in respect of which the petitioner has been duly compensated and no further amount is required to be paid to the petitioner towards compensation.
Having heard learned counsel for the parties and perused the material brought on record including the report of the Lekhpal dated 10.4.2018, without expressing any opinion on merits, we dispose of this petition with the liberty to the petitioner to file a fresh comprehensive representation appending thereto the documents on which he proposes to rely in support of his claim along-with certified copy of this order before the respondent no. 4/Additional District Magistrate (Land Acquisition), Gautam Buddh Nagar, U.P. within a period of four weeks from today. In case any such representation is filed by the petitioner within the aforesaid period before the respondent no. 4, he will consider and decide the same after affording opportunity of hearing to the respondent no.2 or his representatives and also keeping in view the report of the Lekhpal dated 10.4.2018 (annexure 5 to the writ petition) strictly in accordance with law by speaking and reasoned order preferably within a period of three months from the date of filing of such representation by the petitioner before him.
Order Date :- 22.8.2019 Pramod Tripathi