Disposed

Javir Ali v. Government of India and 4 Others

Allahabad HC7 Jan 2020WRIC/321/2020

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition regarding the petitioner's unremitted compensation for land acquisition without expressing an opinion on merits, directing the petitioner to file a representation with the respondent for a reasoned decision.

What did the court decide?

Liberty to file a representation requiring the respondent to issue a speaking and reasoned order within three months.

Javir Ali Vs Government of India and 4 Others — Land Acquisition | Allahabad HC (2020)

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Court No. - 4

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Case :- WRIT - C No. - 321 of 2020

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Petitioner :- Javir Ali Respondent :- Government Of India And 4 Others Counsel for Petitioner :- Ratnakar Upadhyay,Santosh Kumar Shukla

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Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra

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Hon'ble Bala Krishna Narayana,J. Hon'ble Shamim Ahmed,J.

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Heard learned counsel for the petitioner, Sri Pranjal Mehrotra learned counsel for the respondent nos.2 & 5 and learned Standing Counsel for respondent no.4.

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It is contended by the learned counsel for the petitioner that the petitioner is the recorded tenure holder of plot no.63/02 situated in Village Mansoorpur, Tehsil Tilhar, District Shahjahanpur (hereinafter referred to as the plot in question) which was acquired on 05.07.2011 by the respondent no.4 for the purpose of widening of NH-24. It is next contended that although the award in this case was passed on 18.11.2013 but the petitioner has not been paid the compensation which he is entitled to receive under the aforesaid award. He lastly contended that a suitable direction may be issued to the respondent no.4 to release the amount of compensation under the award to the petitioner.

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Per contra, learned counsel for the respondents submitted that there is no reason why the awarded amount of compensation should not have been paid to the petitioner. However, in case any amount is payable to the petitioner by the respondents towards compensation in that case, he may be directed to approach the competent authority which in the present case is the respondent no.4.

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In view of the above, without expressing any opinion on the merit, we dispose of this writ petition with liberty to the petitioner to file a representation before the respondent no.4 raising all his grievances which have been taken by him in this writ petition.

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In case any such representation is filed by the petitioner before the respondent no.4 within three weeks from today, respondent no.4 shall decide the same strictly in accordance with law by a speaking and reasoned order after affording opportunity of hearing to the petitioner and other persons claiming their

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interest in the plot in question, as expeditiously as possible, preferably, within a period of three months from the date of filing of such representation.

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Order Date :- 7.1.2020 P.S.Parihar

Javir Ali v. Government of India and 4 Others

Case brief

What is this about?

What did the court decide?

Javir Ali v. Government of India and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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