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RAKESH KUMARI JAIN versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Rakesh Kumari Jain v. State Of U.P. & Others - WRIT - C No. 15903 of 2002 [2005] RD-AH 4507 (20 October 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

Court No. 37

Civil Misc. Writ Petition No. 15903 of 2002

Rakesh Kumar Jain and another Versus State of U.P. and another

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Hon'ble R.K.Agrawal.J.

Hon'ble Saroj Bala, J.

The petitioners' land admeasuring 7933.22 sq. meters situate in Village Lakhanpur has been taken possession of by the Agra Development Authority, Agra for construction of a road. The petitioners filed Suit No. 358 of 2000 in the Court of Vth Additional Civil Judge (Junior Division), Agra seeking permanent injunction restraining the Agra Development Authority and its officers from constructing the road over the said land without making any payment of compensation to the petitioners. In the application, 11-C, for grant of temporary injunction, a reply was filed by the Agra Development Authority that they undertake to pay compensation to the plaintiffs for their land of Khasra Plot No.111of Maua Lakhanpur, Tahsil and District Agra if found to be included in 175' wide master plan road (known as Missing Link No. 15) which will be paid within a period of two months from the date of this undertaking and the amount of compensation shall be the same as was being given to the other land owners for similarly situated land in the nearby. Upon such undertaking which was given in writing the plaintiffs (present petitioners) endorsed on the undertaking that they have no objection to accept the compensation as promised. The application, paper no. 11-C, for temporary injunction was disposed of in the light of the terms of the undertaking furnished by the Agra Development Authority vide order dated 2.9.2000.Thereafter the Agra Development Authority had prepared a cheque of Rs.17,84,974.50 P. and offered the same to the petitioners on the condition that they shall withdraw the aforesaid Suit No. 358 of 2000 and further give an undertaking in writing that they will not prefer any claim in respect of the land in question. The letter dated 15.2.2002 written by the Agra Development Authority offering the amount by way of cheque with certain conditions is under challenge in the present writ petition.

During the pendency of the writ petition, when the petitioners were confronted with the fact that, as they were pursuing the remedy by way of suit the writ petition is not maintainable, the petitioners have withdrawn the suit.

We have heard Sri S. Kumar, learned counsel for the petitioners and Sri S. K. Gupta appearing on behalf of the Agra Development Authority.

Learned counsel for the petitioners submitted that, according to the own showing   of the respondents, the market rate of the land in the village had been fixed between Rs.237/- to Rs.270/-per square meter and if the amount of solatium and interest is also added the price would go beyond Rs.300/- per square meter and the offer of Rs.225/- per square meter is very low. Further, the authorities while making payment could not have put any condition.

Sri S. K. Gupta, appearing for Agra Development Authority invited the attention of this Court to various documents filed along with the counter affidavit to show that the Agra Development Authority had paid Rs.225/-per square meter for the land taken in Village Lakhanpur in which petitioners' land is situate and it had offered the same price/value to the petitioners also.

We have perused the documents filed along with the counter affidavit and find that the Agra Development Authority had paid Rs.225/-per square meter for the land for the construction of the road in Village Lahanpur to various persons which has also been offered to pay the same amount to the petitioners in the undertaking given by them in Suit No. 358 of 2000 vide application dated 31.8.2000 which undertaking has been accepted by the petitioners. Thus, there is no dispute that the amount, which has been offered to the petitioners, has been calculated at Rs.225/- per square meter and, therefore, the amount is the same which has been offered to other persons in the village. There is no infirmity in the letter dated 15.2.2002.

It has been stated by Sri S.K. Singh, the learned counsel for the Agra Development Authority that as the validity of the cheque was going to expire and the petitioners were not willing to accept the cheque for payment, it had deposited the amount with the Civil Court in the pending suit. The petitioners are permitted to withdraw the entire amount including interest, if any,  which may have accrued thereon if the same had been kept in some interest bearing account on furnishing the certified copy of this order before the court concerned. So far as the claim of the petitioners regarding interest on delayed payment is concerned the same has no basis as the Agra Development Authority had prepared the cheque and offered the same to the petitioners within the stipulated period and had deposited the said amount with the civil court in the pending suit.

The writ petition lacks merit and is dismissed.

D/-20.10.2005

Mahmood


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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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