Disposed

Smt Atilesh Devi v. Union of India and 5 Others

Allahabad HC15 Jul 2024WRIC/18886/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of an order refusing land compensation due to pending suit challenging her gift deed title. Court held there was a serious title dispute and directed authority to refer matter to Civil Court and deposit amount per statutory rules.

What did the court decide?

Petitioner directed to seek reference of dispute to Civil Court; competent authority directed to deposit compensation with Civil Court.

Smt Atilesh Devi vs Union of India and 5 Others — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:120807-DB

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Court No. - 21

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Case :- WRIT - C No. - 18886 of 2024

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Petitioner :- Smt Atilesh Devi Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Aditya Singh Counsel for Respondent :- A.S.G.I.,C.S.C.

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Manish Kumar Nigam,J.

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The instant petition has been filed praying for quashing of the order dated 4.5.2024 passed by the competent authority deciding the representations of the petitioner and respondent no.6.

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The facts in brief are that the land bearing Gata No.1674 Area 0.0713 hectare, Gata No.1675 measuring 0.2661 hectare of Village Maindu was acquired under the provisions of the National Highways Act, 1956. An award was declared on 8.4.2022. Thereafter, notice was issued to the affected tenure holders on 16.8.2022 for approaching the competent authority with their claims so as to enable disbursement of the compensation amount. The petitioner filed Writ Petition No.362 of 2023 complaining that the compensation amount in respect of the said land which she came to have inherited on the basis of a gift deed dated 27.7.2005 by the Vijay Pal s/o Ram Lal is not being disbursed in her favour. The said writ petition was disposed of by an order dated 24.2.2023 directing the competent authority to examine her claim and pass a speaking order. In compliance of the said direction, the impugned order has been passed. It records that the gift deed in favour of the petitioner is under challenge in Original Suit No.521 of 2005 filed by respondent no.5. In the said proceedings, an order of the status quo is in operation and on account of which, compensation amount could not be disbursed to any of the parties. Accordingly, the representations of both the parties have been disposed of.

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Learned Counsel for the petitioner tried to contend that there is no dispute relating to title of the petitioner over the acquired land and therefore, the compensation amount should have been released in her favour. However, he does not dispute that Original Suit No.521 of 2005 is pending at the behest of respondent no.6 for cancellation of the gift deed dated 27.7.2005. Another suit has been filed bearing No.83 of 2007 by the petitioner against

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respondent no.6 for permanent injunction and the said suit is also pending. An order of status quo is operating in the said proceedings. In such circumstances, we find no illegality in the order of the competent authority insofar as it declines to release compensation amount in favour of the petitioner.

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However, we are of the opinion that since there is serious dispute relating to title therefore, the competent authority ought to have referred the dispute in exercise of power under Section 3H(4) to the Principal Civil Court having jurisdiction in the matter and to have deposited the compensation amount with the Civil Court as provided under Rule 4 of the National Highways (Manner of Depositing the Amount by the Central Government; Making Requisite Funds Available to the Competent Authority for Acquisition of Land) Rules, 2019.

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Having regard to the same, we leave it open to the petitioner to approach the competent authority for referring the dispute to the civil court and we also direct the competent authority to deposit the compensation amount with the Civil Court as contemplated under law.

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Accordingly, the writ petition stands disposed of.

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Order Date :- 29.7.2024 S. Singh

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(Manish Kumar Nigam, J.) (Manoj Kumar Gupta, J.)

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Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad

Smt Atilesh Devi v. Union of India and 5 Others

Case brief

What is this about?

What did the court decide?

Smt Atilesh Devi v. Union of India and 5 Others

Case brief

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What did the court decide?

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