Petitioner sought compensation for acquired land. Court held that a representation was pending before the District Magistrate. Petition dismissed without merits, directing petitioner to file a fresh representation with this order before the District Magistrate.
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Court No. - 4
Case :- WRIT - C No. - 35011 of 2019
Petitioner :- Satvir Singh Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Puran Nath Shukla,Rama Shankar Mishra
Counsel for Respondent :- A.S.G.I.,C.S.C.,Neeraj Dube
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
Notice on behalf of respondent no.1 has been accepted by Sri R. K. Jaiswal, Assistant Solicitor General of India and Sri Neeraj Dubey, learned counsel has accepted notice on behalf of respondent no.2 whereas learned Standing Counsel appears for the respondents no.3 and 4.
This writ petition has been filed by the petitioner with the following main prayer:-
"(I) to Issue a writ, order or direction in the nature of mandamus commanding upon the respondents to pay the compensation of the land i.e. Khata No.2402, Khasra No.1963 (Part) area 0.0261 Hectare situated at Village Dasna, Pargana-Dasna, Tehsil & District Ghaziabad acquired by the respondent for National Highway N. H.-24."
Having gone through the averments made in the writ petition and the documents appended thereto, we find that for redressal of the same grievance, which has been raised by the petitioner in this writ petition, he has already filed a representation before the respondent no.3 on 15.5.2019, copy whereof has been filed as Annexure-5 to the writ petition but the said representation has not been decided till date.
In view of the above, with the consent of learned counsel
for the parties, without expressing any opinion on merits, we dispose of this petition with the liberty to the petitioner to file fresh comprehensive representation raising all the grievances, which has been taken by him in this writ petition along-with certified copy of this order before the respondent no.3/Competent Authority/Upper District Magistrate (Land Acquisition), Ghaziabad, within a period of four weeks from today. In case any such representation is filed by the petitioner within the time so allowed, the respondent no.3 will consider and decide the same in accordance with law by a speaking and reasoned order, as expeditiously as possible, preferably within a period of two month from the date of filing of such representation before him by the petitioner.
Order Date :- 31.10.2019 Pramod Tripathi
1 issue framed by the court
Whether the High Court should issue a writ for compensation for acquired land when a representation is pending before the District Magistrate.
Satvir Singh
Union Of India
Bala Krishna Narayana
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
