Allahabad High Court
Santanu Singh vs The State Of Uttar Pradesh And 2 Others on 15 May, 2023
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:104884-DB Court No. - 40 Case :- WRIT - C No. - 14255 of 2023 Petitioner :- Santanu Singh Respondent :- The State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Anupam Kulshreshtha Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Manjive Shukla,J.
1. Heard Shri Anupam Kulshreshtha, learned counsel for the petitioner and Shri S.C. Upadhyay, learned State Law Officer.
2. Present writ petition is preferred with request to issue direction to the Collector, Hathras (respondent no.3) to get the sale deed executed from the petitioner in respect of his plot no.97 area 0.3980 hectare situated in Village Nagla Gajua, Pargana Mursan, Tehsil & District Hathras in favour of the Judgeship at Hathras in pursuance of the letter no.858/7-Law-2-2021-42-g/97 dated 26.08.2021 issued by the Chief Secretary, Government of Uttar Pradesh.
3. The matter was taken up on 28.04.2023 and this Court has passed following order:-
"Heard Sri Anupam Kulshreshtha, learned counsel for the petitioner and Shri Sharad Chandra Upadhyay, learned State Law Officer for the State respondents.
Present writ petition is preferred with request to issue direction to the Collector, Hathras (respondent no.3) to get the sale deed executed from the petitioner in respect of his plot no.97 area 0.3980 hectare situated in Village Nagla Gajua, Pargana Mursan, Tehsil & District Hathras in favour of the Judgeship at Hathras in pursuance of the letter no.858/7-Law-2-2021-42-g/97 dated 26.08.2021 issued by the Chief Secretary, Government of Uttar Pradesh.
Learned counsel for the petitioner submits that a proposal was submitted for acquisition of 19.390 hectares land situated in Villages Nagla Gajua and Gopalpur, Pargana Mursan, Tehsil and District Hathras for construction of the buildings of Civil Court at Hathras and for their residential purposes and the said proposal was approved by the Revenue Department and Law Department. The consent of the Hon'ble High Court was also obtained in selecting the site for establishment of the Hathras judgeship. After selection of the site, an amount of Rs.10031.61 lakhs was released by the State Government vide orders dated 14.6.2018 and 05.8.2019. The Collector, Hathras has already acquired the land measuring 18.8535 hectares through sale and purchase basis and 0.5365 hec. land is still required for the Civil Court as per plan. The remaining land could not be acquired by way of sale and purchase basis and consequently, two proposals were submitted by the Collector, Hathras stating therein that 0.5365 hec. land of plot no.287 is taken for the said purpose and the said plot is recorded as "Pasture land" which is a land as defined under Section 77 (1) of the U.P. Revenue Code, 2006.
Learned counsel for the petitioner further submits that the State Government issued a notification on 06.07.2020, which provides that if any land of the Gaon Sabha, which is reserved for any public purpose, is required for any other public purpose, then equal area of the equal valuation of the land is to be reserved at other place in the same Gaon Sabha. In pursuance of the said notification, the Collector had sent a proposal that plot no.287, which is recorded as 'Pasture land' is to be utilized for construction of building of Civil Court campus of the judgeship at Hathras and the entire share of the petitioner's plot no.97 area 0.3980 hec. and the share of one Ramesh Chandra, son of Durg Singh in plot no.97 area 0.1385 hec. situated in Village Nagla Gajua should be acquired and in lieu thereof, the compensation equal to four times of the market value of the agricultural land as fixed by the Collector, Hathras shall be payable. The petitioner had purchased an area 0.128 hec. of plot no.97 from Bahadur Singh and 0.270 hec. land from Dhruv Singh vide sale deeds dated 04.1.2021 and 13.1.2021. The proposal was accepted by the State Government on 26.01.2021. The land of the petitioner (plot no.97 area 0.3980 hectare) and the remaining area of 0.1385 hectare of plot no.97 of one Ramesh Chandra are to be acquired on sale and purchase basis. The petitioner is ready and willing to execute the sale deed of his land but the sale deed is not being executed for some extraneous considerations.
Before proceeding further in the matter, let Shri Sharad Chandra Upadhyay, learned State Law Officer seek instructions in the matter.
Put up this matter on 15.5.2023 as fresh."
4. In response to the said order, the District Magistrate, Hathras has sent detailed instructions. The same is taken on record and a copy is also provided to Shri Anupam Kulshrestha, learned counsel for the petitioner.
5. On the strength of averment mentioned in the said instructions, Shri S.C. Upadhyay, learned State Law Officer submits that at present there is not proposal to acquire the petitioner's land and on the spot the construction of District Court premises is in full swing.
6. Confronted with this situation, learned counsel for the petitioner fairly states that at this stage he is not pressing the reliefs as has been prayed for and the writ petition be dismissed as not pressed.
7. Order accordingly.
Order Date :- 15.5.2023 A. Pandey