In Residence
Case :- WRIT - C No. - 19317 of 2011 Petitioner :- Santosh Kumar And Another Respondent :- State of U.P. and Others Counsel for Petitioner :- L.P. Singh,Jagat Narain Mishra,Krishna Dutt Mishra Counsel for Respondent :- C.S.C.,Akhileshwar Singh,Ravindra Singh
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondent through video conferencing.
The petitioners seek compensation under the provisions of Section 23 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on the premise that they are tenure holders of the land in question acquired by the respondent Nos.2 & 3 in favour of the respondent No.4. The submission is that the land in question had been allotted in the name of the respondent No.5 who had started construction over the same. Prayer is, thus, to restrain the respondent No.5 from making the construction till payment of compensation in view of the prayer made herein.
The main prayers of the writ petition are relevant to be quoted:-
"(i) issue a writ order or direction in the nature of mandamus directing the respondent No.2 and 3 to determine and make payment of compensation of the petitioner's land at the market rate with interest of 12% per annum and 30% soletum as provided under section 23 of the Land Acquisition Act.
(ii) issue a writ order or direction in the nature of mandamus restraining the respondent No.5 from making construction till the payment of the compensation prayed above."
The facts as narrated herein are that the land in question originally belonging to grandfather of the petitioner had been acquired as early as in the year 1966 and award dated 16.10.1991 was passed. Though, the said award refers to transfer of possession from the original tenure holder in the name of the beneficiaries but the actual physical possession is still with the petitioners who are grandsons of the original tenure holder.
A perusal of paragraph No.8 of the counter affidavit filed on behalf of the State-respondent Nos.2 & 3 indicates that the possession of the land in question had been transferred to the Uttar Pradesh State Industrial Development Corporation Ltd namely respondent No.4 on 06.01.1990 and the award was declared on 16.10.1991 by the Special Land Acquisition Officer, Banda. It is stated therein that the notices for disbursement of compensation determined by the aforesaid award were issued on 02.11.1991 in the name of original tenure holder including the grandfather of the petitioners namely Sri Raja Bhaiya from the office of the Special Land Acquisition Officer. However, he did not turn up to receive the compensation and a copy of the notice dated 02.11.1991 has been appended as Annexure No.C.A.-'3' to the counter affidavit. The name of Sri Raja Bhaiya son of Baldev finds place at serial No.'22' at page No.'17' of the counter affidavit.
In the rejoinder, in reply to the paragraph No.'8' to the counter affidavit, it is stated that the grandfather of the petitioner did not refuse to receive the compensation rather the same was denied by the respondent in view of the proceedings under Section 198(4) of U.P. Z.A & L.R. Act which was suo-moto initiated by the Additional District Magistrate, Banda, whereupon the lease (Patta) dated 16.11.1988 granted in the name of the grandfather of the petitioners was cancelled. The submission is that the matter travelled upto the Board of Revenue and this Court and the proceeding initiated by the original tenure holder and pursued by his heirs and legal representatives after his death was culminated with the judgement and order dated 11.04.2007 passed by this Court. It is, thus, submitted that the compensation had never been paid either to the original tenure holder or his heirs and legal representatives.
Be that as it may, in view of the facts noted above, it is more than evident that the dispute is factual in nature. The petitioners admittedly, are not the original tenure holders of the land in question. They are claiming their right through their grandfather namely Sri Raja Bhaiya who had admittedly, died on 18.05.1998. The factual controversy as sought to be raised herein can only be determined by the Special Land Acquisition Officer, Banda on perusal of the necessary record of his office and ascertainment of the rights of the petitioner for disbursement of compensation.
No positive mandamus as such can be issued.
The present writ petition is disposed of with the direction that the petitioners may make a comprehensive representation before the Special Land Acquisition Officer, Banda raising all their grievances, who shall do the needful in accordance with law.
Order Date :- 5.5.2021 Himanshu