Disposed

Nirmala and 41 Others v. State of Up and 5 Others

Allahabad HC29 Jul 2024WRIC/16729/2024

Case brief

AI extract

What is this about?

This interim order addresses discrepancies in an affidavit filed by the District Magistrate of Agra regarding relocation accommodation. The court disapproved the administration's approach and lack of details, directing the filing of a final answer on oath within two weeks.

What did the court decide?

Preliminary order directing the filing of a final stand with respect to discrepancies in accommodation details and HRA measures within two weeks.

Nirmala and 41 Others vs State of Up and 5 Others — Land Acquisition | Allahabad HC (2024)

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Court No. - 39

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Case :- WRIT - C No. - 16729 of 2024

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Petitioner :- Nirmala And 41 Others Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Avadh Raj Sharma,Rahul Sahai Counsel for Respondent :- Ashish Mishra,C.S.C.

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Hon'ble Saumitra Dayal Singh,J. Hon'ble Donadi Ramesh,J.

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In compliance to the last order, personal affidavit of Shri Bhanu Chandra Goswami, the District Magistrate, Agra has been filed. The matter was taken up in the forenoon session. The affidavit is not satisfactory. It does not disclose the facts as were required by the earlier order.

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On the request made by learned Additional Chief Standing Counsel, the matter was posted in the forenoon session. Now three paragraph written instructions have been placed on record. Those have been marked as 'X'. Still, it has not been disclosed as to how many residential accommodation were available over the land in issue. The details of the type of accommodation has also not been disclosed.

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According to Shri Ashish Mishra, learned counsel appearing for the High Court, about 148 houses exist. Of that, 12 were dilapidated and were lying vacant from before. Of the remaining 136 houses, 24 had been vacated earlier. Of the remaining 112, 12 may have been vacated now (as indicated in the written instructions 'X'), and further 8 may become vacant upon allotment of alternate accommodation (again as disclosed in paragraph-2 of the written instructions 'X'). Thus, at present, 92 occupants are to be accommodated elsewhere or have to be made to vacate the premises.

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We also note that the personal affidavit of the District Magistrate only indicates that some measures have been adopted to provide for payment of HRA from the month of August, 2024 onwards. Clearly that averment and direction has been made only in light of the cognizance taken by the Court in these proceedings.

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While the impugned notices are of the month of April, 2024, no action appears to have been taken by the district administration over a long period of three months till judicial notice was taken in these proceedings.

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Also, no detail has been given by the District Magistrate either in his personal affidavit or in the written instructions as to type and number of accommodation that have to be provided to the remaining 92 occupants. Also, no detail has been given of the total accommodation together with the type that are otherwise available for allotment in district Agra, by the District Magistrate, Agra. The occupancy status of such accommodation has also not been disclosed.

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While we strongly disapprove the approach adopted by the District Magistrate, we refrain from making any further observation before inviting the final stand (on oath), with respect to the above noted discrepancies. Failure to furnish satisfactory reply may lead to consequential order without any further notice.

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Learned Additional Chief Standing Counsel prays for two weeks' further time to complete the instructions.

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However, since much time has already passed, put up as fresh on 09.08.2024.

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Let a copy of this order be made available to learned Additional Chief Standing Counsel, during the course of the day.

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Order Date :- 6.8.2024 SA

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(Donadi Ramesh, J.) (S.D. Singh, J.)

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Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad

Nirmala and 41 Others v. State of Up and 5 Others

Case brief

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Nirmala and 41 Others v. State of Up and 5 Others

Case brief

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