Puran v. State of U.P. and 2 Others

Court No. - 39

Case :- WRIT - C No. - 33229 of 2022

Petitioner :- Puran Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Viresh Kumar Gupta Counsel for Respondent :- CSC

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

The petitioner herein is raising an issue with regard to his land being affected on account of construction of Kanhar Dam in the District Sonbhadra. In one of the matters namely Writ-C No.28156 of 2022 a report dated 15.10.2022 was submitted by the District Magistrate on the basis of spot inspection dated 12.10.2022. Taking note of the factual issues raised therein the petitioners were relegated to approach the District Level Committee. The relevant portion of the order dated 21.10.2022 passed by us is to be noted herein:-

"With regards to various plots mentioned in the writ petition, it is stated in the chart appended with the report that many of the plots fall within the drowned area and some were acquired. Three plots bearing Gata Nos. 3528, 3529 and 3563A are said to be beyond the drowned area. With regard to some other plots, it is mentioned therein that an inspection of the record pertaining to acquisition is being made.

Be that as it may, from the instructions supplied by the learned Standing Counsel, it is evident that the inspection of the old record has to be made to ascertain as to whether the compensation with regard to the acquired land and drowned area had been given to the tenure holders or not. A comprehensive inquiry would be required into the factual issue and the District Level Committee has been constituted for this purpose.