This court dismissed a writ petition wherein the petitioner sought enhanced compensation for land sold voluntarily via sale-deed. The court held that since the land was not acquired by the state, no benefits accrued under the cited Full Bench decision.
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Court No. - 37
Case :- WRIT - C No. - 36017 of 2019
Petitioner :- Ajay Pal Singh Respondent :- The Collector And 2 Others Counsel for Petitioner :- Ashutosh Tripathi Counsel for Respondent :- C.S.C.,Anjali Upadhya,Ramendra Pratap Singh
Hon'ble Abhinava Upadhya,J. Hon'ble Prakash Padia,J.
Heard Shri Ashutosh Tripathi, learned counsel for the petitioner; Shri Ramendra Pratap Singh, learned counsel for the respondents no. 2 & 3 and learned Standing Counsel for the State-respondent no. 1.
The petitioners claims that his land has been purchased by the respondents no. 2 & 3 by a sale-deed dated 20.9.2008. The petitioner has made an application for enhanced compensation and other benefits.
It is to be noted that the petitioner's land has not been acquired, but the petitioner on his own free will has executed a sale-deed in favour of the respondent no. 2 & 3 and, therefore, no benefit would accrue to the petitioner pursuant to Full Bench decision of this Court in the case of Gajraj and others Vs. State of U.P. and others , reported in 2011 (11) ADJ 1 (FB).
The writ petition is, accordingly, dismissed.
Order Date :- 11.11.2019 Sunil Kr. Gupta
(Prakash Padia, J.) (Abhinava Upadhya, J. )
2 issues framed by the court
Whether a petitioner is entitled to enhanced compensation and other benefits when land is purchased via sale-deed executed by him.
Whether benefits under the Full Bench decision in Gajraj and others Vs. State of U.P. and others accrue when the transfer was a voluntary sale rather than acquisition.
Colour shows how this judgement treated each authority
Gajraj and others Vs. State of U.P. and othersDistinguished¶7
2011 (11) ADJ 1 (FB)
Ajay Pal Singh
The Collector
Two Others
Abhinava Upadhya
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
