Ram Murti Dubey Vs State of U.P. and 3 Others

Court No. - 39

Case :- WRIT - C No. - 35852 of 2022

Petitioner :- Ram Murti Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nikhil Agrawal Counsel for Respondent :- C.S.C.,Dhananjay Awasthi

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

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Sri Ravindra Prakash Srivastava, learned Advocate holding brief of Sri Dhananjay Awasthi, learned counsel for the respondent- Development Authority is present.

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The present petition has been filed with the following prayers:-

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"(i) To issue a suitable writ or direction in the nature of mandamus commanding the respondents to re-determine just, fair and proper compensation in respect of the property for which a sale deed has been executed between the petitioner and the respondent authority, for which no consideration was fixed at the time of mutual consent given by the petitioner.

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(ii) To issue a suitable writ or direction in the nature of mandamus commanding the respondents to re-determine the rate of consideration by applying the rate of Rs.82 lacs as per hectare as per published circle rate notified in 2016 and certified copy as obtained on 23.05.2019 as applicable in the case of the petitioner's individual land holding, and then to calculate the consideration thereof, as per "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act' 2013".

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(iii) To issue a suitable writ or direction in the nature of mandamus commanding the respondents to re-determine the consideration in respect of the property of the petitioner in respect of the property of the petitioner in terms of the provisions of Sections 26, 27 & 28 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act' 2013."

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The petitioners herein have executed the sale-deeds on 22.07.2021 in favour of the Gorakhpur Industrial Development Authority (GIDA) for the sale of land-in-question for the purpose of project namely 'GIDA Industrial Corridor'.

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It is sought to be submitted in the writ petition that the letter of consent signed by the petitioners prescribed the valuation of the plot as four times of the prevailing circle rate in respect of the land-in-question for determination of sale consideration as compensation, for the acquisition of land by consent for the project in question.

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Submission is that the sale consideration determined under the sale-deed dated 22.07.2021 is not as per the condition provided in the letter of consent, in accordance with the circle rate of the land-in-question fixed by the Collector concerned which was accepted by the petitioners. The submission, thus, is that the sale-deed dated 22.07.2021 is a result of fraud and misrepresentation on the part of the respondent- Authority. The petitioners being innocent agriculturalists have been duped by the respondents-authorities. The sale consideration under the sale-deed dated 22.07.2021 has not been determined.

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Testing the submissions of the learned counsel for the petitioners, we are of the considered view that the validity of the sale-deed dated 22.07.2021 cannot be examined within the scope of jurisdiction under Article 227 of the Constitution of India as issuance of any direction prayed herein would result in altering the conditions of contract finalised between the parties.

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On any plea of fraud, coercion, undue influence or misrepresentation on the part of the respondents, it is open for the petitioners to file civil suit seeking appropriate relief with regard to the determination of sale consideration.

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The writ petition is dismissed, accordingly.

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Order Date :- 2.2.2023 P Kesari

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Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad

Ram Murti Dubey v. State of U.P. and 3 Others

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Ram Murti Dubey v. State of U.P. and 3 Others

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