Court No. - 21
Case :- WRIT - C No. - 18924 of 2019 Petitioner :- Sri Tirthraj @ Sri Tirthraj Upadhyay Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Girja Shanker Mishra Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
Present petition has been filed for the following relief:
"i. Issue a writ or direction in the Nature of Mandamus directing the respondents to release the amount of compensation in pursuance of the award dated 11.05.2011 declared by the Special Land Acquisition Officer, Bhadohi, to the petitioner within stipulated time as specified by this Hon'ble Court."
Petitioner was the owner with transferable right of Khasra No.553M measuring 1.0450 hectare situated at Village Suriyawan Patti Jorawar Singh, District Bhadohi. According to the petitioner, it was in the year 1986 that the State Government started construction of a bye pass road commonly known as Suriyawan By Pass, in which land of petitioner was utilized for construction of the said road. Necessary notification under Section 4(1)(17) of the Land Acquisition Act (for short Act) was made on 08.05.2009 and declaration under Section 6 was made on 11.05.2009. Award was declared on 11.05.2011, petitioner till date has not received any compensation. An application was moved before the Collector on 13.12.2018 and, thereafter, on 22.1.2019 for the payment of compensation, but the same is pending consideration.
Learned counsel for petitioner submits that action of the respondent are violative of Article 300-A of the Constitution of India.
We have heard learned counsel for the petitioner and learned Standing Counsel for the respondents. As the sole prayer of petitioner is for the release of the compensation amount, therefore, with the consent of the parties, we direct the respondent No.2 (Collector, Bhadohi) to decide the application of the petitioner pending consideration since 13.12.2018 in accordance with law by reasoned and speaking order, preferably within three months from the date of production of certified copy of this order.
With the aforesaid directions, the writ petition stands disposed of.
Order Date :- 29.5.2019 A.N. Mishra