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HOOBLAL & OTHERS versus STATE OF U.P. THRU' PRINCIPAL SECY. LAND ACQUISITION & ORS.

High Court of Judicature at Allahabad

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Hooblal & Others v. State Of U.P. Thru' Principal Secy. Land Acquisition & Ors. - WRIT - C No. 49066 of 2003 [2005] RD-AH 1027 (11 April 2005)

 

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

WP No. 49066 of 2003

HON'BLE YATIDNRA SINGH, J.

HON'BLE R.K. RASTOGI, J,

1.  This writ petition is for a direction to the respondents to pay compensation for the petitioners land acquired by the respondents.

2. We have heard counsel for petitioner and standing counsel for the respondents.

3. Notifications under section 4 and 6 of the Land Acquisition Act were published on 10.8.1985 and 24.8.1985. In pursuance this acquisition award was made on 20.8.1986 and compensation was paid. According to the petitioner his 21 biswa of land was taken over though on the notification only 14 biswa and 2 dhur of land was mentioned and compensation was given in respect of this area only. According to him he is further entitled to compensation for 6 biswa and 18 dhur of the land.

3. In the circumstances of the case, the petitioner may file representation before respondent no. 2.  In case any such representation is filed, it may be decided by respondent no. 2 by a speaking order, if possible, within three-months from the date of receipt of the representation. The petitioner will file certified copy of this order; other necessary documents and a duly stamped self-addressed envelope along with the representation.  Respondent no. 3 after taking decision will communicate the same to the petitioner. In case respondent no. 2 comes to conclusion that, in fact, the petitioner's 21 biswa of land was taken over but he was given compensation only for 14 biswa and 2 dhur of land  then respondent no. 2 will ensure that the payment is made to the petitioners for the extra land at the same rate alongwith interest that was given the parties by the award dated 20.8.1986  treating his land to be acquired by the notifications mentioned earlier under the Land Acquisition Act.

4. With these observations the writ petition is disposed of.  

Dated: 11.4.2005

SKS


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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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