Court No. - 38
Case :- WRIT - C No. - 42312 of 2018 Petitioner :- Shiv Pratap Singh And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Rajiv Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
The petitioners claim that they are bhumidhar of Gata No. 48K and 49K having an area of 3.11 hectare. It is submitted that the petitioners had been cultivating this land, but after flood sand has been deposited on the said land. The petitioners moved an application under Rule 52A of the U.P. Minor Minerals (Concession) Rules, 1963 (in short "the Rules") for removing the sand from the land which was rejected on the ground that their land falls under zone 15 and mining lease of the same has already been granted in favour of another person. It is further submitted that in such cases under Rule 67(2)(a) of the said rules the land holder is entitled for compensation, for which the petitioners have already made an application, but no orders have been passed.
It is submitted by learned Standing Counsel that under the Rules the petitioners can negotiate with the lease holder for compensation and if such negotiation fails, then they may approach the State Government for determination of compensation.
As such, in case the petitioners file an application before the appropriate authority in the State Government, the application of the petitioners be considered and decided in accordance with law for payment of compensation, as far as possible, within four months from the date a certified copy of this order along with application is presented before the authority concerned.
With the aforesaid observation/direction, the writ petition is disposed of.
Order Date :- 19.12.2018 Sunil Kr. Gupta (Vivek Varma, J.) (Abhinava Upadhya, J.)