Om Prakash and Another Vs State of U.P. and 11 Others

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Additional Cause List Serial No. 331

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Chief Justice's Court

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Case :- WRIT - C No. - 7891 of 2020

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Petitioner :- Om Prakash and another Respondent :- State of U.P. and others

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Counsel for Petitioner :- Mr. Pankaj Lal, Advocate Counsel for Respondent :- Mr. M.C. Chaturvedi, Senior Advocate assisted by Mr. Suresh C. Dwivedi, Advocate for respondent No. 2, Mr. Hare Ram Tripathi, Standing Counsel for respondents No. 1, 2, 3, 4, 5, 6 and 7

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Hon'ble Rajesh Bindal,Chief Justice Hon'ble Piyush Agrawal,J.

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The present writ petition was filed inter-alia with the prayer that the portion of the land owned by the petitioners be kept out of acquisition. The petitioners claimed that they are owner of the part of Gata No. 1476 having total area of 0.4325 hectares. The same was acquired by the State in terms of provision of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Award was announced on 8.2.2020.

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Learned counsel for the petitioners submitted that the petitioners have not been paid any compensation though possession of the land was taken from them. The compensation has been paid to other co-sharers.

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Once the acquisition of the land in question is complete, which is for the purpose of construction of Purvanchal Express Way, if, the petitioners have not been paid any compensation on account of certain dispute amongst the cosharers in the Gata No. 1476 part of which has been acquired, the dispute shall be referred by the Collector to the competent authority in terms of Section 76 of the Act within two months from the date of receipt of the copy of this order.

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The writ petition is disposed of in terms of the above.

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Date :- 15.12.2021 Shiraz/Rahul Dwivedi

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(Piyush Agrawal, J.) (Rajesh Bindal, C.J.)

Om Prakash and Another v. State of U.P. and 11 Others

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Om Prakash and Another v. State of U.P. and 11 Others

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