Court No. - 3
Case :- WRIT - C No. - 6787 of 2019 Petitioner :- Shiv Pujan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Singh Gour,Tinku Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Vijay Singh Gour, learned counsel for the petitioner and Sri Nagendra Kumar Pandey, learned Standing Counsel for the State-respondents.
By this writ petition, petitioner has sought the following reliefs:
"I. Issue writ, order or direction in the nature of mandamus directing/commanding the respondents to provide land to the petitioner in lieu of his acquired land for construction of road in light of Government order No. 2214/23 Sa. Ni.-2, dated 09.11.1985 issued by respondent no.2.
II. Issue writ, order or direction in the nature of Mandamus directing/commending respondent no.3 to consider petitioner's representation dated 26.12.2018 pending till date."
According to the petitioner the land in question was acquired in the year 1970 and in this regard he has not filed any notification which was published in the official gazette. In the earlier round of litigation the petitioner prayed for compensation, the Division Bench of this Court vide order dated 24.04.2018 in Writ-C No. 3100 of 2018 dismissed the writ petition by the following orders:
" This writ petition has been filed with the following prayers:
"I. to issue writ order or direction to the respondent authority, District Magistrate Jaunpur to settle the amount of compensation and further to make payment of the same to the petitioner, with regard to the land, Arazi No. 386 area 0.105 Hectare situated at Village Kafarpur, Paragana Haveli, Tehsil Sadar, District Jaunpur, acquired by the respondent authority concerned, for the construction of the road, from Siddiqpur Block to Jamuhai Road, to meet the ends of justice.
II. to issue a writ order or direction in the nature of Mandamus directing to the respondent authority, District Magistrate Jaunpur to dispose off the claim of the petitioner with regards to settlement of the compensation for the acquisition of the land of the petitioner, Arazi No. 386 area 0.105 Hectare situated at Village Kafarpur, Paragana Haveli, Tehsil Sadar, District Jaunpur, for the construction of the road, from Siddiqpur Block to Jamuhai Road."
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The contention of the petitioner is that several years back, the petitioner's land Arazi No. 386 having an area of 0.105 Hectare situated at Village Kafarpur, Paragana Haveli, Tehsil Sadar, District Jaunpur was acquired by the Public Works Department, Jaunpur (hereinafter referred to as the 'P.W.D.') for the construction of road. It is stated that the petitioner made an application before the Executive Engineer, P.W.D. for grant of compensation. However, the Executive Engineer, P.W.D. intimated him by means of a letter dated 22 June 2017 that the road in question was constructed very long ago and there is no provision for grant of compensation on the land. It was, however, stated in the letter that in lieu of the land that was used for making of the road, steps for giving an alternate land of the Gaon Sabha can be taken with the Revenue Department. A Government Order dated 9 September 1985 was also enclosed alongwith this letter in which necessary directions were issued for providing land in lieu of the lands obtained for construction of roads.
It has been stated by the petitioner that he has filed several applications before the Authorities concerned but no decision has been taken on his applications. The last application filed by the petitioner before the District Magistrate, Jaunpur was on 21 August 2017 for grant of compensation.
It is evident from the record that by means of the Government Order dated 9 September 1985 the State Government had taken a decision in respect of the land acquired from tenure holders for construction of a road that they would be given alternate land. This Government Order has not been challenged by the petitioner. Further, an application has already been filed by him before the District Magistrate on 21 August 2017.
It is for the petitioner to move an appropriate application under the Government Order dated 9 September 1985 before the Competent Authority for grant of land in lieu of the land obtained from him for purpose of construction of the road by the P.W.D. As is evident from the letter dated 22 June 2017 sent by the Executive Engineer of the P.W.D., the land of the petitioner was taken a long time ago for construction of the road and the construction of the road has already been completed.
In the facts and circumstance of the case, this matter calls for no interference from the Court. The writ petition is, accordingly, dismissed. "
After a period of almost 50 years and in absence of any material, we cannot examine the prayer for granting compensation to the petitioner more so when this long delay has not been properly explained.
The writ petition filed by the petitioner is, accordingly, dismissed.
Order Date :- 26.2.2019 Imroz [Dr. Y. K. Srivastava, J.] [Pankaj Kumar Jaiswal, J.]