Court No. - 40
Case :- WRIT - C No. - 5596 of 2021 Petitioner :- Smt. Susheela And Another Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Dipendra Kumar,Pradeep Kumar Rai Counsel for Respondent :- A.S.G.I.,C.S.C.,Neeraj Dube
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
The prayer of the petitioners is that respondents be directed to pay compensation to the petitioners for area 0.1800 hectare acquired from plot no. 380/1 at village Chandsara, Pargana-Tehsil and District-Meerut.
According to the petitioners, they have been awarded compensation for an area 0.3651 hectare but no compensation has been awarded in respect of 0.1800 hectare.
From the notification under Section 3D of the National Highways Act, it appears that plot no.380, area 1.4536 was acquired. The name of the tenure-holders mentioned in the notification were Udayveer, Vijayveer sons of Lekhraj; Amit Kumar son of Ramkala; Mahendri Devi wife of Late Ramkala.
The name of the petitioners is conspicuous by its absence in the notification and from the award annexed also it is not clear whether the petitioners have taken any objection in respect of the compensation. Though, however, the petitioners claim themselves as legal heirs and representatives of Vijayveer.
Under the circumstances, we dispose off this petition by giving liberty to the petitioners to represent their cause to the respondent no.3/Additional Collector (Land Acquisition), Meerut. If any such representation is filed, the Additional Collector shall examine the records to ascertain whether the petitioners have a valid claim or not and, thereafter, shall pass appropriate order in accordance with law, after giving opportunity of hearing to the parties affected.
Order Date :- 19.8.2021 Sunil Kr Tiwari