Disposed

Govind Narayan Mishra and 4 Others v. State of Up and 5 Others

Allahabad HC31 Aug 2024WRIC/28638/2024

Case brief

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What is this about?

Landowners sought mandamus for higher compensation at circle rate for land used in State Highway widening without acquisition, against the State's offer of Rs. 2,63,900/- at the agricultural rate. The court directed payment of the offered amount without prejudice to a claim for enhancement.

What did the court decide?

Payment of Rs. 2,63,900/- to petitioners within four weeks; copy of District Level Committee decision within two weeks; without prejudice to claim for enhancement.

Govind Narayan Mishra and 4 Others vs State of Up and 5… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:166806-DB

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Court No. - 21

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Case :- WRIT - C No. - 28638 of 2024

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Petitioner :- Govind Narayan Mishra And 4 Others Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Govind Narayan Mishra,Phool Chandra Singh Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.

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1. The instant petition has been filed praying for a writ of mandamus commanding the State respondents to pay compensation to the petitioners at the rate of Rs. 33,000/- per sq. meters, by applying the multiplier of four, along with 14% interest, for having taken over possession of 0.132 hectare of Plot No. 152, situated in Village Nadesar, Post Maroofpur, Pargana Barah, Tehsil Sakaldeeha, District Chandauli.

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The case of the petitioners is that their aforesaid land was utilized by the respondents in widening of a State Highway, without any formal acquisition and payment of compensation. The respondents are offering compensation to the petitioners @ Rs. 50 lakhs per hectare, which is the rate fixed for agricultural land, whereas, according to the petitioners, their land is non-agricultural in character and the prevalent circle rate being Rs. 33,000/- per sq. meters, the total sum payable to them is Rs. 1,74,24,000/-.

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The State respondents have placed on record the written instructions received from PWD, according to which, the claim of the petitioners for payment of compensation was taken up for consideration by a Committee constituted under G.O. dated 12.5.2016. The said Committee did not find any evidence of the subject land being non-agricultural and therefore, it has recommended for payment of compensation at agricultural rate.

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The total amount offered to the petitioners is Rs. 2,63,900/- and it is open to the petitioners to withdraw the said amount.

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Copy of the decision of the District Level Committee has not been placed on record, nor is under challenge in the instant writ petition.

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In the circumstances noted above, the instant petition is disposed of with direction to the State respondents to pay Rs. 2,63,900/- to the petitioners, after obtaining their bank account details and other documents as required, without prejudice to the right of the petitioners to claim enhancement of the compensation amount. It is further provided that the State respondents would provide copy of the decision of the District Level Committee to the petitioners within two weeks from the date of communication of the instant order and the compensation amount, as noted above, within four weeks.

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(Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 21.10.2024 Jaideep/-

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Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad

Govind Narayan Mishra and 4 Others v. State of Up and 5 Others

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Govind Narayan Mishra and 4 Others v. State of Up and 5 Others

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