In this writ petition, the petitioner sought compensation for land purportedly taken for a school. The court dismisses the petition, holding that since the land was acquired in exchange under Section 161 of the U.P. Zamindari Abolition & Land Reforms Act, 1950, no compensation is due.
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Court No. - 38
Case :- WRIT - C No. - 3413 of 2019
Petitioner :- Ahmad Raja Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Tripurari Pal,Rama Yadav Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta
Hon'ble Abhinava Upadhya,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The petitioner claims that his land has been taken over for construction of a school, but no compensation has been paid.
Upon query being made as to what is the material to show that the petitioner's land has been used for construction of school, learned counsel for the petitioner has relied upon khatauni in which the entry has been made that the land of the petitioner taken in exchange under Section 161 of the U.P. Zamindari Abolition & Land Reforms Act, 1950 upon the application of the petitioner.
That being the case, the petitioner having applied for exchange under Section 161 of the Act, no compensation is required to be paid.
The writ petition is misconceived and it is, accordingly, dismissed.
Order Date :- 31.1.2019 Sunil Kr. Gupta
(Dr. Y.K. Srivastava, J.) (Abhinava Upadhya, J.)
2 issues framed by the court
Whether compensation is payable when land was taken in exchange under Section 161 of the U.P. Zamindari Abolition & Land Reforms Act, 1950 for construction of a school.
Whether the petitioner's claim for compensation is maintainable in the circumstances.
1 provisions across 1 enactments
Ahmad Raja
State Of U P
3 Others
Abhinava Upadhya
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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