Allahabad High Court
Vibha Tiwari And 4 Others vs State Of U.P. And 3 Others on 23 January, 2020
Bench: Bala Krishna Narayana, Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 1104 of 2020 Petitioner :- Vibha Tiwari And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Nath Kesharwani Counsel for Respondent :- C.S.C. Hon'ble Bala Krishna Narayana,J.
Hon'ble Ravi Nath Tilhari,J.
Heard Sri Kailash Nath Kesharwani, learned counsel for the petitioners and learned Standing Counsel for the respondents.
The petitioners have filed the present writ petition for the following reliefs:-
"i. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to make the payment of compensation, solatium and interest etc. to the petitioners as per the provision made in ACt No.30 of 2013 within the time as directed by this Hon'ble court for the land of the petitioners as mentioned in paragraph no.3 of this writ petition.
ii. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to pass appropriate order for the payment of compensation, solatium and interest etc. as per the provision of Act No.30 of 2013 on the representation dated 23.1.2018 and 8.2.2018 within the stipulated time as directed by this Hon'ble Court."
It has been contended by learned counsel for the petitioners that a notification for the acquisition of the land for construction of police line in Auriya was issued on 26.6.2009 under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") and thereafter, another notification under Section 6 of the Act was issued on 31.8.2009. The provisions of Section 17(1) of the Act were also invoked. The petitioners' land (details mentioned in paragraph 3 to the writ petition) was acquired by the aforesaid notifications and the possession of said land was also taken on 30.9.2011, which was handed over to respondent no.3/Superintendent of Police, District Auraiya, as mentioned by respondent no.4 vide letter dated 10.10.2011 (Annexure-5). The grievance of the petitioners is that more than eight years have expired since the possession was taken but till date no compensation has been paid to the petitioners, in spite of the fact that the petitioners repeatedly made request for payment of compensation and had also submitted representations dated 23.1.2018 and 8.2.2018 before the concerned authority. The petitioners' counsel has made a request that the respondents be directed to consider and decide the petitioners' representations dated 23.1.2018 and 8.2.2018 within such time as may be fixed by this Court.
Learned Standing Counsel submits that he has no objection to the innocuous prayer made by the petitioners for disposal of their pending representations before the concerned authority.
In view of above, without expressing any opinion on the merits of the case, we provide that the representation dated 23.1.2018 filed by the petitioners before respondent no.2/District Magistrate, District Auraiya, shall be considered and decided expeditiously, in accordance with law, within a period of four weeks from the date of production of certified copy of this order before said authority.
The writ petition stands disposed of in terms of with the aforesaid observations and directions.
Order Date :- 23.1.2020 Shalini