Dismissed

Roopa v. State of U.P. and 3 Others

Allahabad HC22 Nov 2022WRIC/29172/2022

Case brief

AI extract

What is this about?

The Court dismissed a writ petition seeking compensation for acquired land. The petitioner failed to prove her name was recorded in revenue rolls at the time of acquisition. The Court held that compensation cannot be paid to a non-tenure holder when land had already been awarded to recorded holders.

What did the court decide?

The prayer for compensation for Gata no.2244 admeasuring 532 Kari is dismissed.

Roopa Vs State of U.P. and 3 Others — Property and Title | Allahabad HC (2022)

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Court No. - 39

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Case :- WRIT - C No. - 29172 of 2022

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Petitioner :- Roopa Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Onkar Nath Mishra Counsel for Respondent :- CSC

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Vipin Chandra Dixit,J.

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In reply to the contentions made in the writ petition, written instructions dated 10.10.2022 provided by the competent officer/Additional District Magistrate, (L&A) Mau has been supplied in the Court which is taken on record.

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A perusal thereof indicates that for construction of the District Central Office and Residential complex, the land of 8 villages including the village in question had been acquired vide notification 5.4.1989 issued under Section 6(1)/17 of the Land Acquisition Act. The Gata no.2244M from Khata no.176 area 0.383 hectares and Khata no.120 area 0.903 hectares, total area 1.287 hectares situated at Village Pardaha, Tehsil Sadar District Mau was acquired by the aforesaid notification, award of which was declared on 9.8.1989.

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The compensation has been disbursed to the recorded tenure holders of Gata no.2244 in Khata nos.176 and 120. At the time of acquisition, the name of the petitioner was not recorded in the revenue records. The details with regard to disbursement of compensation to the then tenure holders of Khata no.176 and Khata no.120 with reference to Gata no.2244 has been given in the written instructions supplied to us. It is also indicated therein that the physical possession of the land in question has been delivered to the beneficiary.

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In the said situation, we do not find any merit in the prayer made in the writ petition to pay compensation to the petitioner for Gata no.2244 admeasuring 532 Kari.

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It may further be noted in the writ petition, though there is an assertion that 532 Kari of Gata no.2244 was allotted to the petitioner and other allottees and the allotment was approved on 8.3.1976 and that the name of the petitioner was recorded in the revenue record but the entry of the name of the petitioner in the revenue record has not been placed before us.

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The Annexure-'2' to the writ petition in this regard is the record

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of allotment which was obtained by the petitioner by moving an application in the year, 2020.

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In any case, there is nothing on record which would indicate that the name of the petitioner was duly recorded at the time of acquisition in the revenue record pursuant to the allotment which was allegedly approved on 8.3.1976.

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For the aforesaid, we do not find any merit in the writ petition.

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The writ petition is, accordingly, dismissed.

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Order Date :- 22.11.2022 Harshita

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Digitally signed by HARSHITA Date: 2022.11.24 13:37:17 IST Reason: Location: High Court of Judicature at Allahabad

Roopa v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Roopa 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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