Writ petition seeking compensation for land alleged to be part of acquisition proceedings dismissed as petitioner was an encroacher with no statutory or judicial right to re-settlement.
Relief dismissed; no compensation granted.
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Court No. - 38
Case :- WRIT - C No. - 1973 of 2019
Petitioner :- Samar Jahan Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shahid Ali Siddiqui Counsel for Respondent :- C.S.C.,Amarendra Nath Singh,Devi Prasad Mishra
Hon'ble Abhinava Upadhya,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
By means of this writ petition, the petitioner has come to the Court for payment of compensation with regard to a part of Aarzi No. 1007 area 63.50 Sq. Meter situate at Kasari Masari, Tehsil Sadar, District Allahabad, which is said to have been part of land acquisition proceedings.
Upon a query being made by the Court as to what is the right of the petitioner over the land in question, it was stated that land was acquired for Allahabad Development Authority for development of a housing scheme way back in the year 1990 and an award has also made. The petitioner appears to be a subsequent purchaser after the award and, therefore, has no right whatsoever over the land in question.
The learned counsel appearing for the petitioner, Sri Shahid Ali Siddiqui submits that petitioner has a right for re-settlement being a subsequent purchaser but no material has been shown either under any statute or by way of any judgment by which such a right exists of a person who is obviously an encroacher over a land already acquired and developed about 24 years ago. That being a case no relief can be granted to the petitioner. The writ petition is misconceived and is, accordingly, dismissed.
Sri Amrendra Singh, Advocate appears for Respondent Nos. 3 and 4.
Order Date :- 24.1.2019 Imroz
[Dr. Y. K. Srivastava, J.] [Abhinava Upadhya, J.]
1 issue framed by the court
Whether a subsequent purchaser of acquired land has a right to compensation or re-settlement as an encroacher.
Samar Jahan
State Of U P
3 Others
Abhinava Upadhya
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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