Hon'ble Jaspreet Singh,J.
Heard Shri Manjeet Singh, learned counsel for the petitioners and Shri Manish Mishra, learned standing counsel for the respondents-State.
By this writ petition under Article 226 of the Constitution of India, the petitioners have prayed for issuance of a writ of mandamus directing the opposite parties to immediately make payment of compensation amounting to Rs.2,49,571/- to the petitioner No.1 Ram Chandra Tewari and Rs.2,79,470/- to the petitioner No.2 Dinesh Tewari along with interest and also pay solatium amount as well as other benefits provided under the law. The petitioners have also prayed for payment of compensation in respect of the land of Gata No.15 (0.046 hectare), which was acquired in the year 1979.
In the first round on 08.07.2007, the writ petition of the petitioners was dismissed on the ground of delay and latches, but liberty was granted that in case if the petitioners approach the appropriate forum under law, if permissible, as may be under the Land Acquisition Act or otherwise for payment of compensation, if the same has not bee paid.
In pursuance of the aforesaid order, the petitioners filed the present writ petition for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to immediately make payment of compensation amounting to Rs.2,49,571/- to the petitioner No.1 Ram Chandra Tiwari and Rs.2,79,470/- to the petitioner No.2 Dinesh Tiwari along with interest of 15% per annum and also pay solatium amount as well as other benefits provided under the law.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite parties to determining the valuation of compensation in respect of land of Gata No.15 area 0.046 hectare and also pay the compensation of the land acquired by the opposite parties along with interest of 15% per annum as provided under the law."
On 05.11.2015, a Coordinate Bench of this Court issued certain directions to the respondent No.1 to ensure the payment to the petitioners of their valid compensation within three weeks, else proceeded with for contempt.
Thereafter, on 27.11.2015, two demand drafts were handed over to the petitioners for the amount of Rs.2,49,571/- and Rs.2,79,470/- respectively. This Court accepted the apologies of the erring officer. The aforesaid order dated 27.11.2015 reads as under:-
"This matter was considered by a Co-ordinate Bench of this Court on 5.11.2015 and, while finding the approach of the Government in denial of compensation amount to the petitioners to be seriously questionable, the respondent No.1/Principal Secretary (Irrigation) was directed to ensure payment of valid compensation to the petitioners within three weeks and else, to face the proceedings for contempt. The order dated 5.11.2015 reads as under :-
"This petition indicates a sorry state of affairs where the land of the petitioners having been already acquired and compensation having been determined, the disbursal is being withheld on an alleged imaginative ground of financial constraints.
We are amazed at the said stand taken by the State on instructions received and urged by the learned Standing Counsel. Compensation is a vested right and the government acquires land only when arrangement is made for compensation. The claim of the petitioners is hardly so, so as to cause financial burden incapable of being shouldered by the State. The excuse is lame and calls for strict action.
We, therefore, direct the respondent No.1 - Principal Secretary (Irrigation) to ensure the payment to the petitioners of their valid compensation within 3 weeks from today. In the event the compensation as determined subject to any protest by the petitioners is not paid within the aforesaid period or a counter-affidavit is filed before us, we direct that Principal Secretary, Department of Irrigation - respondent No.1 shall be proceeded with for contempt of our order for non-compliance.
Learned Standing Counsel shall communicate this order to the respondent No.1 and the other respondents responsible for such payment forthwith without any further delay.
List on 27.11.2015.
Copy of the order today."
The learned Standing Counsel submits that two Demand Drafts bearing nos.924812 and 924811 for the amount of Rs.2,49,571/- and Rs.2,79,470/- respectively have already been prepared for making payment to the petitioners who have not received the same for the matter being pending in this Court. The learned counsel for the petitioners submits that the petitioners are ready to receive the payment as being made by the respondents without prejudice to their rights to make further submissions in this Court.
Learned Standing Counsel has offered and learned counsel for the petitioners has accepted the aforesaid two demand drafts on behalf of the petitioners without prejudice to their rights of making further submission in this matter.
During the course of consideration of this matter, the Executive Engineer, Sharda Sahayak Khand-36, District Jaunpur, who was present in the Court, but sitting in the visitor's gallery, attempted to make certain suggestions to the Standing Counsel from the gallery itself, practically interfering with the Court proceedings. Upon this Court expressing reservations, the learned Standing Counsel sought time to advice and then, submitted affidavits of unconditional apology on the part of the said officer.
Having regard to the circumstances and taking it to be unintentional mistake on the part of the officer, we accept apology and leave the matter at that but would expect him to remain careful in future.
Respondents may now file counter affidavit within three weeks and the petitioners shall have two weeks thereafter to file rejoinder affidavit.
List this matter after six weeks."
As per the counter affidavit filed by the respondents on 23.05.2019, the payment of compensation has been paid to the petitioners in respect of Gata No.15. The stand of the learned standing counsel is that this land was also included with the acquired land of the petitioner No.1 Ram Chandra Tewari and the petitioner No.2 Shri Dinesh Tewari, which comes to 0.100 hectare and on the basis of the recommendations of the Committee, the total payment was made to the petitioner No.2 Dinesh Tewari, which comes to a total sum of Rs.2,47,000/-.
It is also alleged that excess payment has been paid to the petitioners and considering the aforesaid so also the fact that the Executive Engineer, Irrigation Department, Pratapgarh in the year 1979 for construction of the Dedua Alpila had acquired the land after taking consent of the farmers. Thereafter, the development was made and the rate of land had increased due to which the farmers after a long gap of time raised their demands for payment of further compensation.
It is also stated that in compliance of the order passed in Writ Petition No.6758 (MB) of 2005, the proceedings for payment of compensation were initiated and award was passed and thereafter compensation has been paid. If the petitioners are aggrieved in respect of the award dated 27.07.2013 passed by the Land Acquisition Officer, then they may challenge the same under the provisions of the Land Acquisition Act as the land of Gata No.15 has also been included in the land of the petitioners and compensation in respect of the area of 0.100 hectare was made to the petitioners.
Considering the aforesaid, we are of the considered view that no case is made out to issue any direction in respect of the payment of compensation of Gata No.15. The writ petition is devoid of merits and it is accordingly dismissed.
.
[Jaspreet Singh, J.] [Pankaj Kumar Jaiswal, J.] Order Date :- 30.7.2019 Rakesh/-