The court dismissed a writ petition seeking inclusion of petitioners in a compensation list. The court held the plea premature as the petitioners failed to demonstrate land acquisition or provide details of the acquisition notification and award.
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Court No. - 40
Case :- WRIT - C No. - 7008 of 2021
Petitioner :- Rajesh Babu And 5 Others Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Santosh Kumar Pandey,Digvijay Singh,Rajendra Kumar Dubey,Sudhir Kumar Singh Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
This petition has been filed for a direction upon the respondents to include the name of the petitioners 4, 5 and 6 in the compensation list issued by the respondent no.5 (District Magistrate, Farrukhabad).
In the entire petition, there is no disclosure as to under which notification the land has been acquired and whether any award has been passed in respect of payment of compensation to the land owners. It has also not been made clear whether the land is being acquired through sale-deed or by taking recourse to compulsory acquisition laws. The pleading only reflects that some measurement/survey was conducted and the land/property affected by the project was earmarked for payment of compensation. In the list so prepared the petitioners property is not there, therefore, the petitioners pray for inclusion of their name.
As it is not demonstrated that the land of the petitioners has been acquired or purchased or is affected by the project, the prayer of the petitioners appears premature. Under these circumstances, the petition is dismissed without prejudice to the right of the petitioners to claim for compensation or for other appropriate relief as and when their land is utilized or acquired.
Order Date :- 9.8.2021 Sunil Kr Tiwari
2 issues framed by the court
Whether the petition for inclusion of petitioner names in the compensation list is maintainable without first proving acquisition of the land.
Whether the petition is premature due to lack of disclosure regarding the acquisition notification and award.
Rajesh Babu And 5 Others
State Of U P And 6 Others
Manoj Misra
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
