Allahabad High Court
Kanwarpal Singh vs State Of Up And 4 Others on 5 November, 2024
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:172779-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl.No. 27) Court No. - 21 Case :- WRIT - C No. - 36051 of 2024 Petitioner :- Kanwarpal Singh Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Saroj Kumar Tiwari,Shailja Trivedi Counsel for Respondent :- Anuj Pratap Singh,C.S.C.,Saroj Kumar Tiwari Hon'ble Manoj Kumar Gupta,J.
Hon'ble Anish Kumar Gupta,J.
1. Sri Himanshu Kumar, Advocate holding brief of Ms. Tanisha J. Monir, whose vakalatnama is filed today, is present on behalf of respondent no. 4.
2. The instant petition has been filed praying for a direction to the State respondents to pass appropriate orders on the application/representation dated 28.9.2024 filed by the petitioner for payment of interest on ex-gratia amount of Rs. 21,41,719/- for the period between 2016 to May, 2024.
3. Earlier the petitioner had approached this Court by filing Writ C No. 19682 of 2023 (Kunwarpal Singh vs. State of U.P. and 4 Others) for a direction to the respondents to pay ex-gratia amount to him as agreed to between the acquiring body and the farmers vide Memorandum of Understanding dated 14.12.2013. The said writ petition was disposed of vide order dated 3.8.2023 with a direction to the respondents to release the ex-gratia amount to the petitioner within three months. The said order is extracted below:-
"1. The instant petition has been filed praying for a writ of mandamus commanding the respondents to release petitioner's share of ex-gratia payment in view of acquisition of his land.
2. The case of the petitioner is that the petitioner's land was acquired by UPSIDC, Kanpur along with land of three other villages for establishing a Growth Centre at District-Bulandshahar. Possession of the land was taken on different dates in the year 1993 followed by awards dated 15.10.1993, 16.10.1993, 22.10.1993 and 31.3.1995. According to the petitioner thereafter a memorandum of understanding was executed on 14.12.2013 between UPSIDC and Tehri Hyrro Development Corporation India Ltd for establishing a Thermal Power Project over the said land. Both the authorities also decided to pay more compensation to the land holders so that the acquiring body is able to take possession forthwith. In negotiation with the villagers, it was decided to pay Rs. 721/- per square metre as ex-gratia compensation over and above the amount determined by the Reference Court. Since the said amount has not been paid to the petitioner so far and hence the instant petition.
3. Learned Counsel for the petitioner has placed reliance on a judgment of a Co-ordinate Bench of this Court dated 29.5.2023 (Writ C No.31586 of 2016), the operative part of which is as follows:-
A. So far as claim of petitioners with regard to release of ex-gratia amount is concerned, we direct the respondent no.3 to afford an apportunity of hearing to respondent nos. 5 & 6 in the matter and take a final decision within a period of three months from the date of production of a certified copy of the instant order.
A(i) The writ petition stands disposed of, accordingly.
4. He submits that the said judgment has been passed in respect of the farmers of the Village Dashahra Kherli, the land of which was also acquired for the same project and wherein also there was an agreement with the farmers for payment of ex-gratia compensation. He submits that case of the petitioner is identical and, therefore, the instant petition be also disposed of in same terms.
5. Sri Ashish Agarwal, learned counsel appearing on behalf of respondent no. 4, Sri Sudhanshu Srivastava, learned Counsel appearing on behalf of respondent no.5, and Sri Rajiv Gupta, learned Additional Chief Standing counsel appearing on behalf of the State-respondents do not dispute that the petitioner is identically circumstanced.
6. Having regard to the above admitted factual position, we dispose of the instant petition by providing that the respondents shall take decision in the matter in relation to release of ex-gratia amount to the petitioner within three months from the date of receipt of a true attested copy of the instant order along with the documents as were required from him."
4. In pursuance of the said order, the respondents have paid ex-gratia amount of Rs. 21,41,719/- to the petitioner on 25.05.2024. The case of the petitioner is that the ex-gratia amount became due to the petitioner soon after execution of Memorandum of Understanding dated 14.12.2013. It is the specific case of the petitioner that 1583 farmers were affected and all of them were paid ex-gratia amount in the year 2016 except 143 farmers including the petitioner herein. It is submitted that respondents should pay interest to the petitioner for the delayed payment of ex-gratia amount and the submission is that the representation filed by the petitioner in this behalf be directed to be decided.
5. Learned Additional Chief Standing Counsel appearing for the State-respondents and Sri Himanshu Kumar, learned counsel for the respondent no.4 have no objection to the same.
6. Accordingly, the petition is disposed of with a direction to respondent no. 3-Additional District Magistrate (Land Acquisition), Bulandshahar to decide the claim for payment of interest to the petitioner on basis of his representation dated 28.09.2024 within eight weeks from the date of communication of the instant order along with photo copy of the said representation after hearing the petitioner as well as UPSIDC and Tehri Hydro Development Corporation India Ltd.
Order Date :- 5.11.2024 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)