Court No. - 4
Case :- WRIT - C No. - 16529 of 2019 Petitioner :- Ram Asharey Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ravindra Kumar Mishra,Abhishek Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents no.1 to 5.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to make payment of compensation at the circle rate in respect of his land, which was acquired in the year 1980 for the purpose of construction of canal. Further prayer has been made to issue a direction in the nature of mandamus directing the respondent no.3 to decide the representation dated 21.2.2017 (annexure 5 to the writ petition) filed by the petitioner before him for payment of compensation in terms of the Act of 2013 within stipulated period.
From perusal of the averments made in the writ petition, it appears that the petitioner is recorded owner of Khata No.425, Arazi No.322F, area 0.0300 hectare and Arazi No.371 T, area 0.01440 hectare having 1/4 share in both the plots hereinafter referred to as disputed plots, which were acquired by the respondents for the purpose of construction of canal after the petitioner and the other co- sharers of the disputed plots had agreed for the aforesaid acquisition through mutual consent/agreement. The petitioner appears to be aggrieved by the quantum of compensation awarded to him vide award annexure 3 to the writ petition. In case awarded amount of compensation is not acceptable to the petitioner, he can seek a reference under Section 18 of the Land Acquisition Act, 1894 and the grievance of the petitioner can neither be decided by this Court in the exercise of its jurisdiction under Article 226 of the Constitution of India or by the respondent no.3.
We accordingly dispose of this writ petition with liberty to the petitioner to seek reference under Section 18 of the Land Acquisition Act, 1894.
Order Date :- 31.7.2019 Pramod Tripathi