In a civil miscellaneous review application, the Allahabad High Court rejected the applicant's plea for review of an order declining compensation, holding that the land was already sold by the applicant's late husband before the acquisition proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Chief Justice's Court Serial No. 12
**HIGH COURT OF JUDICATURE AT ALLAHABAD *****
CIVIL MISC REVIEW APPLICATION No. - 27 of 2022
(Arising out of C.M. Writ Petition No. 49343 of 2014)
Photo Devi
.....Applicant
Through :- Mr. Pankaj Dubey, Advocate
v/s
State of U.P. and another
.....Opposite Party
Through :- Mr. Ankit Gaur, State Law Officer
CORAM : HON'BLE RAJESH BINDAL, CHIEF JUSTICE HON'BLE PIYUSH AGRAWAL, JUDGE
ORDER
Review of the order dated November 25, 2021 has been sought by filing the present review application.
The stand taken by the learned counsel for the applicant is that as per impugned order, the land in question was not acquired. However, perusal of the order shows that it has been clearly mentioned therein that the land in question, which was earlier registered in the name of late husband of the review applicant, was sold by him by way of sale-deed dated March 21, 1986 and the amount of sale consideration was also paid to him. In fact, the review-applicant filed application under Section 28-A of Land Acquisition Act, 1894 for seeking higher amount of compensation. The same was rejected. It is only in the aforesaid order towards the end, it was mentioned that the land was not acquired, hence, no compensation can be paid to the applicant. This is, in fact, correct for the reason that the land had been sold by the late husband of the review applicant. No case is made out for review of the order passed on the writ petition.
2 CMRA No. 27 of 2022
The application is, accordingly, rejected.
(Piyush Agrawal, J.) (Rajesh Bindal, C.J.)
Allahabad 14.02.2022
P.Sri./Manish Himwan
Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No
Photo Devi
Rajesh Bindal
Piyush Agrawal
As recorded by the court registry
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