Disposed

Dulari and 5 Others v. State of U.P. and 4 Others

Allahabad HC4 Apr 2023WRIC/39002/2022

Case brief

AI extract

What is this about?

In a writ petition regarding land acquisition compensation, the court disposed of the matter without deciding on merits. It ordered the Special Land Acquisition Officer to obtain a report on the petitioners' shares from the Sub Divisional Magistrate before disbursing the admitted compensation within three months.

What did the court decide?

Ordered Special Land Acquisition Officer to obtain share report from Sub Divisional Magistrate and pay compensation within three months.

Dulari and 5 Others Vs State of U.P. and 4 Others — Land Acquisition | Allahabad HC (2023)

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Court No. - 40

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Case :- WRIT - C No. - 39002 of 2022

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Petitioner :- Dulari And 5 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anup Kumar Counsel for Respondent :- A.S.G.I.,C.S.C.,Navaneet Chandra Tripathi

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Manjive Shukla,J.

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Heard Sri Anup Kumar, learned counsel for the petitioners; Sri Apurva Hajela, learned Standing Counsel for the State-respondent and Sri N.C.Tripathi, learned counsel for the respondent no. 5 and 6.

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By means of the present writ petition, petitioners are before this Court with a request commanding the respondent no. 2 and 3 to pay them compensation pursuant to the land acquisition award dated 1.3.2016 passed by the respondent no. 3 relating to acquisition of plot no. 314 village Bhujauli, Tappa Bhatinpar, Pargana Vinakpur, Tehsil Naugarh, District Siddharthnagar given in pursuance of notification u/s 6(1)/16 NO 131/7/2014 CX-3/Grih Gopan Anubhag-3 Lucknow dated 2.1.2015. Alternatively, prayer is made to direct the respondents to decide the combined representation dated 23.9.2022 (Annexure No. 7 to the writ petition).

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The matter was entertained by the coordinate Bench on 9.2.2023 and the Court has proceeded to ask learned Standing Counsel to seek instructions in writing from the Special Land Acquisition Officer, Siddharthnagar. Further, it has also been observed that an intimation be also given to the District Magistrate, Siddharthnagar to enquire into the matter and submit his response before this Court.

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In response thereof, learned Standing Counsel has placed the detailed instructions dated 22.2.2023 sent by Special Land Acquisition Officer, Siddharthanagar indicating therein for payment of compensation to the tenureholders, a categorical report is already asked from the Sub Divisional Magistrate concerned qua to the share of the petitioners and the said report is still awaited. He submits that in absence of the report qua to the share of each individual, the compensation could not be disbursed.

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On the other hand, learned counsel for the petitioners submits that there is no dispute qua to the apportionment and once in lieu of the acquisition, the award is already passed way back in the year 2016 and the admitted amount is already deposited, the compensation should be disbursed to the tenureholders without any further delay.

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Considering the facts and circumstances, without adverting on merits of the case and on consent, we dispose of the writ petition asking the Special Land Acquisition Officer, Siddharthnagar to proceed strictly in accordance with law but certainly taking a report from the Sub Divisional Magistrate concerned qua to the share of the petitioners and accordingly the compensation is to be paid to the tenureholders. The said exercise is to be done within three months from the date of production of a certified copy of this order before him.

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Order Date :- 4.4.2023 A.K.Srivastava

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Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Dulari and 5 Others v. State of U.P. and 4 Others

Case brief

What is this about?

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Dulari and 5 Others v. State of U.P. and 4 Others

Case brief

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