Smt. Sashi Bala Sethi vs State of U.P. Thru. Prin. Secy. Housing and Urban Planning, Lko. and Others

Court No. - 2

Case :- WRIT - C No. - 3880 of 2025

Petitioner :- Smt. Sashi Bala Sethi Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning, Lko. And Others Counsel for Petitioner :- Raj Kumar Mishra Counsel for Respondent :- C.S.C.,Ratnesh Chandra

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Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.

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Supplementary counter affidavit filed on behalf of the opposite party no. 6 is taken on record.

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Heard Shri Raj Kumar Mishra, learned Counsel for the petitioner, Shri S.B. Pandey, learned Senior Advocate assisted by Shri Raj Kumar Singh, learned Counsel for the opposite parties and Shri Ratnesh Chandra, learned Counsel for the Avas Evam Vikas Parishad.

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On 23.04.2025, we had passed the following order:-

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"1. Heard Shri Raj Kumar Mishra, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Ratnesh Chandra, learned counsel for the Awas Vikas Parishad.

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2. We have perused the earlier writ petition filed by the petitioner bearing No. 14702 (L/A) of 2017, wherein, the acquisition proceedings initiated vide Notification dated 04.12.1999, 12.12.1999, 18.12.1999 and 21.07.2004 under Section 28 and 32 of U.P. Awas Evam Vikas Adhiniyam, 1965 read with provisions of Land Acquisition Act, 1894 were challenged as having lapsed in relation to certain plots situated at Village- Haivatmau Mawaiya, Pargana Bijnore, Tehsil and District- Lucknow. We have also perused para 2 of the said writ petition which is on the same lines, although, khasra number 2647 was incorrectly mentioned. It should have been 2643, as, it is this khasra number which is mentioned in the sale deed, but, the fact is that the petitioner had filed the said writ petition and it was not disclosed in this writ petition.

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3. On being confronted learned counsel for the petitioner submitted that the husband of the petitioner was managing everything and he is seriously ill.

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4. Be that as it may, Shri Ratnesh Chandra, learned counsel for Awas Vikas Parishad says that possession of the land is taken only after compensation. The award was declared on 29.12.2006 and the money had been deposited prior to the said award. He seeks time to inform the Court as to when symbolic possession was handed over to the Awas Vikas Parishad.

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5. Learned Additional Chief Standing Counsel should seek instructions from the Special Land Acquisition Officer, Lucknow as to when compensation in respect of Khasra No. 2643 and 2644 Village- Haivatmau Mawaiya, Pargana Bijnore, Tehsil and District- Lucknow which was acquired for the Awas Vikas Parishad for a housing scheme in respect to which the award was declared on 29.12.2006 was paid to the petitioner; whether it was paid or not.

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6. List/ put up on 01.05.2025 as fresh ."

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Thereafter, on 01.05.2025, we passed the following order:-

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"1. Petitioner should implead Special Land Acquisition Officer, Lucknow as an opposite party in the writ petition during the course of the day, who shall file his affidavit responding to the writ petition and our queries in the order dated 23.04.2025.

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2. List on 28.05.2025 but not as a fresh case.

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3. It would be better if the other opposite parties also file their response to the writ petition before the next date."

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We then passed an order on 02.07.2025 as under:-

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"Heard Shri Raj Kumar Mishra, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and

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Shri Ratnesh Chandra, learned counsel for the opposite parties no. 2 to 5.

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We have perused our order dated 23.04.2025 passed in Writ- C No. 3880 of 2025. In spite of it, no instructions have been provided by the Special Land Acquisition Officer, Lucknow nor has he filed any counter affidavit in spite of our subsequent order dated 01.05.2025 passed in the same writ petition.

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We have also perused our order dated 20.05.2025 passed in Writ - C No. 4695 of 2025.

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Let the Special Land Acquisition Officer, Lucknow appear in person before this Court day-after-tomorrow i.e. 04.07.2025 and assist the Court in the light of the queries made in the orders referred hereinabove and also explain as to why he has not filed counter affidavit in spite of sufficient time granted.

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List/ put up day-after-tomorrow i.e. 04.07.2025.

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Interim order granted in Writ - C No. 4695 of 2025 shall continue till the next date of listing."

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The A.D.M., Land Acquisition, Shri U.C. Upadhyay is present. He has expressed apology for not filing the counter affidavit on account of some miscommunication. He has filed his counter affidavit today according to which compensation in respect of the land in question has not been paid. However, Shri Ratnesh Chandra, learned Counsel for the Avas Evam Vikas Parishad says that Form 11 contains certain details of persons to whom compensation appears to have been paid. However, the A.D.M., Land Acquisition says that in his records it is mentioned that except the land in question, compensation has been paid in respect of the other lands which have been acquired.

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Nevertheless, it is open for the A.D.M., Land Acquisition to get the matter verified again within the next 10 days, and based on the said result, if it is found that compensation has not been paid, then he shall take a decision in terms of the Full Bench decision of this Court dated 05.09.2022 passed in Writ C No. 30608 of 2018, Sursati Vs. State of U.P. and Others , keeping in mind the claim of the petitioner that he is the subsequent

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purchaser of the land and entitled to compensation. The petitioner shall be heard in the matter. The decision aforesaid shall be taken within 15 days of expiry of the period of 10 days referred hereinabove.

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List/Put up this case on 04.08.2025 as fresh .

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Interim order granted earlier shall continue till the next date of listing.

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Whatever decision is taken, it shall be brought on record by the A.D.M., Land Acquisition.

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Order Date :- 4.7.2025 Lokesh Kumar

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[Om Prakash Shukla, J.] [Rajan Roy, J.]

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Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Smt. Sashi Bala Sethi v. State of U.P. Thru. Prin. Secy. Housing and Urban Planning, Lko. and Others

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Smt. Sashi Bala Sethi v. State of U.P. Thru. Prin. Secy. Housing and Urban Planning, Lko. and Others

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