Hon'ble Alok Mathur,J.
Heard learned counsel for the parties.
By means of this writ petition the petitioners are seeking writ of mandamus directing the respondents to make payment of compensation for the land acquired by them and for which respondent no. 2 is already having the funds.
As per counter affidavit filed by respondent nos. 1, 2 and 3, the total area of Gata No. 1665 which was acquired by the Uttar Pradesh Awas Evam Vikas Parishad (hereinafter referred to as "the Parishad") under the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as "the Act, 1965") was 18.368 hectares (72-12-0 Bigha), on 28.05.2011 agreement was also executed and as per award declared and payment made prior to 28.05.2011 of Gata No. 1665, total area measuring 15.4845 hectares (61-04-0 Bigha) is more than the area acquired, therefore Additional District Magistrate (Land Acquisition), Lucknow by his letter dated 04.06.2011, returned the award and requested the Parishad to send the agreement of the total area acquired. Thereafter, Division Bench of this Court on 06.04.2012, directed the District Collector, Lucknow to take steps for measurement of land under acquisition in order to facilitate disbursement of compensation, said to have been agreed to between the parties, by way of settlement under the Regulations of 1997.
In pursuance to the order passed by the Division Bench of this Court, the Tehsildar, Sadar alongwith his team visited the spot on 05.05.2012 and took measurement and submitted his report.
In paragraph 20 of the counter affidavit filed on behalf of respondent nos. 1 to 3, the respondents have categorically admitted that petitioner no. 1 will get Rs.62,82,252.90 and the Parishad is responsible for the payment of compensation to the land owners whose land has been taken by the Parishad.
Our attention has also been drawn towards the compliance affidavit dated 07.02.2013, filed by respondent nos. 4 and 6. As per compliance affidavit, petitioner no. 1 has claimed compensation in respect of the acquired land with an area of 1.2455 hectares of Khasra Plot No. 1665/1-M. The Acquisition Officer vide award dated 15.05.2012, declared compensation in respect of the land with an area of 1.1795 of Khasra Plot No. 1665/1-M of petitioner no. 1 on the basis of mutual settlement entered into by the petitioner no. 1 and 3 with respondent no. 4 on 30.03.2010 and 25.04.2011, respectively and payment of compensation has to be made to the petitioners by respondent nos. 1 to 3.
From the above it is clear that petitioner no. 1's amount is lying with respondent nos. 1 to 3 and therefore, we grant liberty to the petitioner no. 1 to file appropriate application before the State respondents for withdrawal of the amount of compensation. In case any such application for withdrawal of the amount of compensation, already awarded and lying with State respondents, is moved by the petitioner no. 1, the State respondents are directed to deposit the same in the bank account of petitioner no. 1.
In respect of claim of petitioner no. 1 regarding rest of the area of his land acquired by the respondents, we grant liberty to the petitioner no. 1 to approach appropriate authority within fifteen days from today and in case any such application alongwith certified copy of this order is moved by the petitioner no. 1, before the authority concerned, the same shall be considered and decided within four weeks from the date of filing of the application.
With aforesaid the writ petition stands disposed of.
Order Date :- 26.11.2019 A. Verma (Alok Mathur, J.) (Pankaj Kumar Jaiswal, J.)