Disposed

M/S Modern Cultivation Services Pvt. Ltd. v. State of U.P. and 3 Others

Allahabad HC16 May 2019WRIC/16844/2019

Case brief

AI extract

What is this about?

A company moved a writ petition seeking direction to the District Magistrate to decide its pending representation for additional land compensation within three months, citing a reference to a prior judgment on enhanced compensation.

What did the court decide?

Directed the District Magistrate to decide the petitioner's representation on additional compensation expeditiously within three months.

M/S Modern Cultivation Services Pvt. Ltd. Vs State of… — Land Acquisition | Allahabad HC (2019)

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Court No. - 21

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Case :- WRIT - C No. - 16844 of 2019

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Petitioner :- M/S Modern Cultivation Services Pvt Ltd Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manu Khare Counsel for Respondent :- C.S.C.

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Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.

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Present petition has been filed with the sole prayer for direction upon respondent No.2, District Magistrate, Gautam Budh Nagar to decide the representation dated 22.12.2017.

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Petitioner is a company, registered under the provisions of the Companies Act. According to petitioner, it is engaged in real estate business. Petitioner company purchased certain lands through registered sale deed in the year 1987 of Khata No.127, Khet/ Khasra No.750, Khet/Khasra No.19, Khet/Khasra No.577. According to petitioner, at the time of sale deed consolidation proceedings were in existence, petitioner moved an application before the Consolidation Authorities and the petitioner's name was mutated in the revenue records under Section 12 of the U.P. Consolidation Holdings Act.

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It is against the order of mutation dated 17.11.1994 that an application was filed on 14.05.2005 seeking restoration and deletion of the name of the petitioner. Another application was filed on 30.09.2009 before the Tehsildar/Auditor, District Gautam Budh Nagar being Case No.1232 of 2011 under Section 34 of the Land Revenue Act.

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By an ex party order dated 30.09.2009, the Tehsildar directed the name of Sheeshram and Lala to be mutated. After coming to know about the said facts, applicant/petitioner filed stay application on 25.03.2010 and the earlier order dated 30.09.2009 was stayed. However, by order dated 28.03.2011, the Tehsildar maintained his earlier order.

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Aggrieved by the said order, a revision was filed before the Commissioner, Meerut Division, Meerut, on 4.12.2015, who allowed the revision and remanded back to Tehsildar. Against the order of Commissioner, Lala approached the board of revenue, where the case is pending. It is also averred that Lala as well as Sheeshram had filed Original Suit No.141 of 2002 before the Civil Judge (Junior Division), Gautam Budh Nagar for cancellation of sale deed, the same is pending till date. In between proceedings for land acquisition started in the year 2008 and notifications were made in the same year.

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Petitioner was awarded compensation for 4/5th share of land. Lala executed a sale deed in favour of the Greater Noida Industrial Development Authority on 4.07.2015 in respect of the remaining 1/5th share.

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Petitioner has challenged the said sale deed in Original Suit No.328 of 2017 in court of Civil Judge (Junior Division), Gautam Budh Nagar. Petitioner had moved a representation on 22.12.2017 for making payment of additional compensation as awarded in case of Gujraj and another versus State of U.P. and others , which is pending consideration.

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Having heard learned counsel for petitioner Shri Manu Khare, learned Standing Counsel for respondent-State authorities and perusing the records of the case, no useful purpose will be served in keeping the matter pending. We, therefore, with the consent of the parties, direct the respondent No.2, District Magistrate, Gautam Budh Nagar to consider and decide the representation of petitioner in accordance with law expeditiously, preferably within a period of three months from the date of production of certified copy of this order.

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The writ petition stands disposed of .

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Order Date :- 16.5.2019 A.N. Mishra

M/S Modern Cultivation Services Pvt. Ltd. v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

M/S Modern Cultivation Services Pvt. Ltd. v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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