Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner, learned State Counsel and Sri S.B.Pandey, learned Senior Advocate representing the Uttar Pradesh Expressways Industrial Development Authority, Lucknow.
Submission of the learned counsel for the petitioner in this case is that the land comprising in Gata No. 388 Mi measuring 0.2520 hectare, situated at Village-Tandwa Jalal, Pargana-Bidhar, Tehsil-Alapur,District-Ambedkar Nagar has been utilized for construction of Gorakhpur Link Expressway without paying any compensation to the petitioner. In support of his submission, the petitioner has annexed the Khatauni pertaining to Fasli years 1427 to 1432, wherein the name of Ram Sumer is recorded as co-sharer. The said Khatauni reveals that an area of 0.2520 hectare of plot No. 388 M is recorded in the name of the petitioner-Ram Sumer and Amber.
Learned State Counsel on the basis of the instructions received from the Tehsildar-Alapur, district-Ambedkar has stated that plot no. 388 M is a big Minzumla plot, which is having total area of 1.4560 hectare out of which only an area of 0.2520 hectare of land is recorded in the name of the petitioner as co-sharer and the rest of area of said plot is pasture land. He has further submitted that the land of plot no 388 M is being utilized for construction of the Gorakhpur Link Expressway excluding the land recorded in the name of the petitioner. His further submission is that infact the land, which is required to be used for the construction of the Gorakhpur Link Expressway on plot no. 388 M is less than the area recorded as pasture land and hence, there is no question of any construction being made on the land belonging to the petitioner.
In view of the aforesaid, we feel it appropriate to direct the Sub. Divisional Officer concerned to demarcate the land belonging to the petitioner in terms of the Khatuani, wherein the name of the petitioner has been recorded as co-sharer in area of 0.2520 hectare of Khasra plot no. 388 M. The said demarcation shall be done by the Sub. Divisional Officer within six weeks from the date of production of a certified copy of this order and accordingly, the petitioner shall be put in possession over his share, once the demarcation of the land is completed by the Sub.Divisional Officer.
With the aforesaid observations and directions, the writ petition is disposed of finally.
Order Date :- 11.2.2021 AKS