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CHHOTAI & OTHERS versus UNION OF INDIA THRU' SECY. MIN. OF ENERGY & ORS.

High Court of Judicature at Allahabad

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Chhotai & Others v. Union Of India Thru' Secy. Min. Of Energy & Ors. - WRIT - C No. 6287 of 2003 [2006] RD-AH 2581 (2 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.34

Civil Misc. Writ Petition No.6287 of 2003

Chhotai & Ors.

Versus

Union of India & Ors.

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This writ petition was filed in 2003 claiming various reliefs including compensation in respect of the land acquired in 1982 under the provisions of Coal Bearing Areas (Acquisition and Development) Act, 1957.

The land was acquired in 1982. The petition has been filed in 2003 after a lapse of 21 years. In the counter affidavit, it has been submitted by the learned counsel for the respondents that the petition raises disputed questions of fact. In respect of certain area of land possession of which had not been taken, proposal for de-notification of the same has been made. In respect of the land possession of which had been taken, the compensation had already been paid. It may be a case where one of the persons interested has taken the entire compensation and in view thereof, petitioners cannot claim any relief, whatsoever except to make recovery from the said persons by filing a Civil Suit. In some cases where possession of the land had been taken and possession had not been withdrawn, the amount had been deposited with the Tribunal constituted under the Act 1957 and if claimants make proper application, they can withdraw the amount after satisfying the Tribunal about their entitlement. A large number of writ petitions had already been dismissed by this Court. Thus, we do not see any ground to interfere in this case in view of the order passed by this Court in Writ Petition No.9116 of 2004, Kewala Prasad & Ors. Vs. State of Uttar Pradesh & Ors., decided on 4th March, 2004.  Petition is accordingly dismissed subject to the aforesaid observation.

02.02.2006

AHA


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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