Court No. - 39
Case :- WRIT - C No. - 36316 of 2018 Petitioner :- Shiv Kumar Tyagi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Tyagi Counsel for Respondent :- C.S.C.,Santosh Kumar Singh
Hon'ble B. Amit Sthalekar,J. Hon'ble Rajiv Joshi,J.
Heard Sri Sanjeev Kumar Tyagi, learned counsel for the petitioner, learned Standing Counsel for respondents no. 1 to 3 and Sri Santosh Kumar Singh, learned counsel for the respondent no. 4.
The petitioner, in land acquisition proceedings, had earlier approached this Court through writ petition no. 27098 of 2006 (Shiv Kumar Tyagi vs. State of U.P. & others) which was disposed by the Court vide order dated 18.2.2011 with the direction that the petitioner may file an application under Section 48 of the Land Acquisition Act, 1894 (for short the 'Act') before the State Government within one month and the State Government shall thereafter take a decision in the matter within a period of two months and till then parties were directed to maintain status-quo with regard to the land in dispute.
It is stated by learned counsel for the petitioner that till date no decision has been taken by the State Government for the reasons that they had called for a report from Hapur Pilakhua Development Authority, respondent no. 4.
Sri Santosh Kumar Singh, learned counsel for the respondent no. 4 submitted that the respondent no. 4 has submitted its report to the State Government on 03.02.2018, 18.5.2018 and 24.8.2018.
Learned counsel for the petitioner submits that if there are three reports before the State Government, the State Government should have taken a decision expeditiously.
The prayer in the writ petition is for a direction to the State Government to take a decision on the petitioner's application under Section 48 of the Act dated 8.3.2011and 16.3.2011.
Considering the facts of the case, we dispose of the writ petition with the consent of the learned counsel for the parties with a direction to the Principal Secretary, Department of Housing & Urban Development, Government of U.P., Lucknow, respondent no. 1 in the light of the previous directions of this Court dated 18.2.2011 expeditiously preferably within a period of three months from the date of receipt of a certified copy of this order in his office.
It is made clear that the Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 31.10.2018/nd