Court No. - 21
Case :- WRIT - C No. - 15141 of 2018 Petitioner :- Sunil Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jai Singh Counsel for Respondent :- C.S.C.,Pradeep Kumar Tripathi
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and Sri Umesh Kumar Vats, learned counsel for the Kanpur Development Authority..
Petitioner is claiming that the acquisition proceedings have lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short the Act), inasmuch as neither the possession has been taken nor any compensation has been paid.
Learned standing counsel pointed out to a Government Order dated 30th January, 2015/1st April, 2016 whereunder a procedure has been prescribed for considering the claim of the land holders, in case, proceedings have lapsed in view of Section 24 (2) of the Act.
The procedure prescribed is that if an application is made then a report would be called for from the concerned department or the Collector of the district and thereafter necessary notification shall be issued. In view of the aforesaid Government Order, the claim in respect of lapse of the proceedings under Section 24 (2) of the Act, is to be considered by the State Government in accordance with the procedure prescribed.
In such circumstances, we dispose of the writ petition giving liberty to the petitioners to make an application/representation before respondent no. 1, Principal Secretary, Urban Planning and Development, Government of U.P., Lucknow within a period of two weeks from today annexing therewith all relevant documents in support of their claim with the direction to the authority concerned to consider and decide the same in accordance with law and the procedure prescribed by a reasoned and speaking order within a further period of two months from the date of making of the representation.
Order Date :- 26.4.2018 nd