Court No. - 29
Case :- WRIT - C No. - 18373 of 2018 Petitioner :- Surendra Nath Yadav Respondent :- Additional District Magistrate ( F And R ) And 3 Others Counsel for Petitioner :- Rama Shanker Yadav Counsel for Respondent :- C.S.C.,Rajendra Kumar Singh
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondent nos. 1, 2 & 3 and Sri Rajendra Kumar Singh appearing for respondent no.-4.
The petitioner has preferred this petition against the order dated 20.02.2018 passed by the competent authority under the National Highways Act deciding the objections of the petitioner regarding stoppage of payment of compensation of the acquired land to the respondent no. 4.
The submission of learned counsel for the petitioner is that responded no. 4 has been allowed compensation on the basis of a sale deed in respect whereof his suit for cancellation is pending in the civil court.
There is no dispute to the fact that the land of Arazi No.86 area about 0.2240 exclusively belonged to the Doodh Nath S/o Surendra Nath Yadav. The said land has been acquired. The aforesaid Dodh Nath had transferred it by a registered sale deed dated 27.07.2012 in favour of respondent no.4.
In view of the aforesaid sale deed, respondent no. 4 became exclusive owner of the said land entitled for compensation.
The petitioner is the son of Doodh Nath and is aggrieved by the payment of compensation to the respondent no. 4 as he alleges that the aforesaid sale deed was illegally executed.
The petitioner cannot be held entitle to any compensation in the aforesaid land until and unless he succeeds in getting the aforesaid sale deed set aside by the competent court of jurisdiction more particularly in the Civil Suit No.-521/2013 Surendra Vs. Sharmila and Others pending in the court of Civil Judge (Junior Division) Saidpur, Ghazipur.
In view of the aforesaid facts and circumstances as on date the competent authority has rightly given the award for the payment of compensation in the name of respondent no.-4 and has rightly rejected the objections in this regard filed by the petitioner.
In the above facts and circumstances, we dismisses the writ petition with the direction that the compensation of the aforesaid land shall not be paid to the respondent no.-4 if not already made until and unless she submits indemnity bond to make good/pay back the compensation to the rightful owner if she looses the aforesaid suit and the sale deed executed in her favour is ordered to be set aside. The indemnity bond filed by the respondent no.-4 shall be transmitted to the court of Civil Judge (Junior Division) Saidpur, Ghazipur where the aforesaid suit is pending.
The writ petition is accordingly dismissed.
Order Date :- 31.7.2018 Israr