Court No. - 29
Case :- WRIT - C No. - 27870 of 2018 Petitioner :- Sachin And 15 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sujeet Kumar,Chhaya Gupta Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi
Hon'ble Pankaj Mithal,J. Hon'ble Shashi Kant,J.
The land of the petitioners was acquired vide notifications dated 14.09.2010 and 24.05.2011 issued under Sections 4 and 6 of the Land Acquisition Act. In acquiring the said land, the urgency clause under Section 17(4) was invoked and the enquiry under Section 5-A of the Act was dispensed with and the possession was taken over in the year 2011 but till date no award has been made under Section 11 of the Act.
Learned Standing Counsel as well as Sri J.N. Maurya, learned counsel appearing for respondent Nos. 3 and 4 submits that there was some confusion as to with whom the land vests, i.e. the U.P.S.I.D.C. or the State of U.P. and as such delay occurred in making the award.
The above may not be a valid and a justifiable ground for not making award. Once the land has been acquired and its possession has been taken, it is incumbent upon the authorities to make an award irrespective of their internal disputes, otherwise it results in violating the right of property of the petitioners as enshrined under Article 300- A of the Constitution of India.
In view of the aforesaid facts and circumstances, we direct the respondents to either make an award within a period of one month from today or to show cause by filing counter affidavit.
List thereafter showing the name of Sri J.N. Maurya, learned counsel appearing for respondent Nos. 3 and 4.
Order Date :- 23.8.2018 Nirmal Sinha