Disposed

Durga Dutt Mishra and Another v. State of U.P. and 3 Others

Allahabad HC13 Feb 2020WRIC/5037/2020

Case brief

AI extract

What is this about?

The court did not decide the merits of the compensation claim. Instead, it directed the petitioners to file a comprehensive representation with documents within two weeks. The respondent authority was ordered to decide such a representation by a speaking order within six weeks after an opportunity of hearing to all concerned.

What did the court decide?

Petitioners directed to file a fresh representation with documents; Respondent to decide the same by a speaking order within six weeks.

Durga Dutt Mishra and Another Vs State of U.P. and 3 Others — Land Acquisition | Allahabad HC (2020)

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Court No. - 4

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Case :- WRIT - C No. - 5037 of 2020

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Petitioner :- Durga Dutt Mishra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Purushottam Upadhyay Counsel for Respondent :- C.S.C.

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

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Heard learned counsel for the petitioners, learned Standing Counsel for respondent nos.1 to 4.

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This writ petition has been filed with the following prayers :-

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"I) A writ, order or direction in the nature of mandamus directing the respondents to pay the compensation of the petitioners land bearing gata no.453 and 497 situated at Village Bhairapur Khurma, Pargana and Tehsil Ghosi, District Mau till the payment of compensation of the petitioners which has been taken ini widening of the Road constructed by Public Work Department.

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II) Issue any other order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case.

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III) Award the cost the petition in favour of the petitioner."

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Learned counsel for the petitioners contends that they are the tenure holders with transferable rights of Gata No.453 and 497 situate in village Bhairopur Khurma, Pargana and Tehsil Ghosi, District Mau (hereinafter referred to as the "disputed plots") which are being utilized by the respondents for the purpose of construction of Chak Marg without either acquiring the same or paying any compensation which is per se illegal and against the constitutional right granted under Article 300-A of the Constitution of India.

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Further contention is that even the representation filed by the petitioners before respondent no.2 on 4.1.2020 has not been decided and hence, a direction be issued to respondent no.2 to decide the representation filed by the petitioners before him within a specified period.

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Learned Standing Counsel, however, opposed the prayer made by learned counsel for the petitioners.

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Having heard learned counsel for the parties and perused the material brought on record, without expressing any opinion on the respective contentions advanced by learned counsel for the parties, we dispose of this writ petition with liberty to the

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petitioners to file a fresh and comprehensive representation appending all the documents which they propose to rely in support of the claim for grant of compensation alongwith certified copy of this order before respondent no.2 within a period of two weeks, who shall consider and decide the same by a speaking and reasoned order as expeditiously as possible, preferably within a period of six weeks from the date of filing of such representation by the petitioners before him, after affording opportunity of hearing to all concerned.

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Order Date :- 13.2.2020 Shalini

Durga Dutt Mishra and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Durga Dutt Mishra and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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