The court dismissed a writ petition regarding land acquisition compensation. Instead of adjudicating laches, it directed the concerned authority to decide the pending enhancement application within two months.
Direction to the authority to decide the pending enhancement application within two months.
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Court No. - 4
Case :- WRIT - C No. - 329 of 2020
Petitioner :- Karan Singh And 16 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Yagyadeo Sharma,Deepika Sharma Counsel for Respondent :- C.S.C.,Anuj Pratap Singh
Hon'ble Bala Krishna Narayana,J. Hon'ble Shamim Ahmed,J.
Sri Ajay Singh, Advocate has filed Vakalatnama on behalf of the respondent no.3, which is taken on record.
Heard learned counsel for the petitioners, learned counsel for the respondent no.3 and learned Standing Counsel respondent nos.1 and 2. Perused the record.
By means of this petition, the petitioners are claiming compensation for the land acquired in the year 1989. The said compensation was determined by the Supreme Court by its order dated 05.12.2016 fixing market value as Rs. 65/per square yard. It is to be noted that the petitioners were neither party before the Supreme Court nor had ever contested the matter with regard to enhancement of compensation and only after the Supreme Court passed an order on 05.12.2016 with regard to acquisition of 1989, the petitioners have now moved an application under Section 28-A of Land Acquisition Act for enhancement. The said application is pending before the Additional District Magistrate Land Acquisition Gulmohar Complex Beta-I Greater Noida Gautam Budh Nagar (respondent no. 2).
Considering the aforesaid facts, we are not going into the question of laches at this stage since the petitioners' application are pending before the Authority concerned, the same be considered and decided in accordance with law by speaking and reasoned order within a period of two months from the production of the certified copy of this order.
The writ petition is disposed off.
Order Date :- 7.1.2020 P.S.Parihar
1 issue framed by the court
Whether the petitioners are barred by laches in seeking compensation for land acquired in 1989.
1 provisions across 1 enactments
Karan Singh and 16 Others
State Of U P
Additional District Magistrate Land Acquisition
Bala Krishna Narayana
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
