Petitioner sought compensation for acquired land but failed to produce required documents cited in a notice. The court dismissed the writ petition but clarified the dismissal does not bar future claims if the petitioner fulfills the documentary conditions.
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Court No. - 9 Case :- WRIT - C No. - 3351 of 2021 Petitioner :- Sheela Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
The petitioner by way of present petition though seeks following relief:
"I. a writ order or direction in the nature of Mandamus directing the respondents to pay the compensation to the petitioners in respect of land of the petitioner bearing Khata No.577 Khasra No.1128/4 area 0.5060 hectares of Revenue Village-Renhera, Tehsil Jewar, District Gautam Budh Nagar."
However, it is borne out from Notice No.1723/8-Additional Collector (Land Acquisition)/ NOIDA International Green Field Airport, Jewar/Gautam Buddh Nagar dated 11.11.2019 filed at page 58 that the petitioner was called upon to receive the compensation subject to her production of Form C.C. attested by Lekhpal, Share Certificate issued by Tehsildar, Proprietary Certificate, No Dues Certificate, Affidavit, Mortgage Letter, Identity Card and Bank Account Number attested by Bank.
It appears that the petitioner has not complied with the requirement which was to be fulfilled by her.
Moreover when the petitioner was called upon to show from the record of the present petition as regard to the document which was sought from her, learned counsel for the petitioner miserably failed to point out any such document.
In view whereof the relief as sought for by the petitioner cannot be granted.
Consequently petition is dismissed.
However dismissal of this petition will not dis-entitle the petitioner for compensation subject to her fulfilling the terms and conditions as sought for vide Notice dated 11.11.2019.
Order Date :- 10.2.2021 N Tiwari
(Jayant Banerji, J.) (Sanjay Yadav, J.)
1 issue framed by the court
Whether the petitioner is entitled to compensation for land acquisition when she failed to produce required documents as per notice.
Sheela Devi
State Of U.P.
2 Others
Sanjay Yadav
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
