Disposed

Ram Tirath Prajapati v. Government of India and 3 Others

Allahabad HC21 May 2019WRIC/17517/2019

Case brief

AI extract

What is this about?

This writ petition sought a direction to reconsider land compensation equal to that awarded to the petitioner's brother under the Land Acquisition, Rehabilitation and Resettlement Act, 2013. The court directed the authorities to decide the application and representations expeditiously.

What did the court decide?

Directed authorities to decide the petition application and representations expeditiously within three months.

Ram Tirath Prajapati Vs Government of India and 3 Others — Land Acquisition | Allahabad HC (2019)

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Court No. - 21

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Case :- WRIT - C No. - 17517 of 2019

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Petitioner :- Ram Tirath Prajapati Respondent :- Government Of India And 3 Others Counsel for Petitioner :- Santosh Dwivedi Counsel for Respondent :- A.S.G.I.,Ashok Kumar Pandey,C.S.C.,Rajesh Kumar Jaiswal

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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 for the following relief:

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"Issue a writ order or direction in the nature of mandamus commanding upon the respondents No.2, 3 & 4 by directing that to Re-consider the compensation of land acquired for Road as per the rate of valuation given to his real brother Shri Raj Mani Prajapati who is co-sharer of equal part of land and construction acquired by National Road and Transport department. Under the Land Acquisition, Rehabilitation and Resettlement Act, 2013. May also be pleased to release the full due payment of petitioner as compensation with the transparency from the concerning office. And to decide the various representations dated 19.04.2017, 21.04.2017, 03.04.2018 and 17.05.2018, given to the different authorities. (Annexure No.7)"

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Land of the petitioner was acquired by the National Highway Authority of India under the provisions of the National Highway Authority Act for construction of four lane road. After making necessary publication and acquisition under Section 3A of the Act, Plot Nos.1702, 1703 and 1704 situated at Village Lohra, Tehsil Budhanpur, District Azamgarh was acquired, the said three plots belong to the petitioner and his real brother.

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On 3.04.2018, petitioner moved an application before the Sub Divisional Magistrate for awarding equal amount of compensation. According to petitioner, the competent authority has passed an award, but the authorities concerned are not determining their compensation, nor are reconsidering the compensation of the land acquired by them, as the compensation given to his real brother Raj Mani Prajapati, and his representations dated 19.04.2017, 21.04.2017, 03.04.2018 and 17.05.2018 are pending consideration.

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We have heard Shri Santosh Dwivedi, learned counsel for petitioner, Shri Neeraj Dubey, learned counsel for respondent No.2 and learned Standing counsel for respondent Nos. 3 and 4.

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Having heard learned counsel for the petitioner and going through the records of the case, we find that in case, petitioner moves an application under Section 3G(5) of the National Highway Act within one month from today before the authorities concerned, the same shall be decided expeditiously, preferably within a next three months in accordance with law.

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The writ petition stands disposed of .

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Order Date :- 21.5.2019 A.N. Mishra

Ram Tirath Prajapati v. Government of India and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Tirath Prajapati v. Government of India and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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