Allahabad High Court
Arun Kumar Singh And Ors. vs State Of U.P.Throu.Prin.Secy.Revenue ... on 31 July, 2019
Bench: Pankaj Kumar Jaiswal, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- LAND ACQUISITION No. - 141 of 2014 Petitioner :- Arun Kumar Singh And Ors. Respondent :- State Of U.P.Throu.Prin.Secy.Revenue U.P.Govt.Lko.And Ors. Counsel for Petitioner :- Farooq Ahmad Counsel for Respondent :- C.S.C.,Vivek Raj Singh Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Jaspreet Singh,J.
Heard Sri Farooq Ahmad, learned counsel for the petitioners, Sri S.S.Chauhan, learned Additional Chief Standing Counsel for the State-respondents nos. 1 to 5 and Sri S.B.Pandey, learned Senior Counsel assisted by Sri Varun Pandey, learned counsel for the respondent no.6.
By means of the instant petition, the petitioners have sought for issuance of a writ of certiorari quashing the impugned circle rate list dated 01.08.2013 issued by the respondent no.2, so far as it relates to Village Rasoolpur Roori, Pargana and Tehsil Bangarmau, District Unnao and also for issuance of a writ of mandamus directing the respondents to re-fix the market value of petitioners' land equal to the market value of the developed land of adjacent village @ Rs. 16 lacs per hectare.
The instant petition has been filed by 28 writ petitioners on the ground that prior to 01.08.2013, the circle rate was Rs. 16 lacs per hectare whereas the same was reduced to Rs. 8 lacs per hectare with effect from 01.08.2013.
As per counter affidavit, 21 villagers of village Rasulpur Roori, 7 farmers of village Shiv Bux Khera have filed the instant petition. The total area of land measuring 25.9272 hectares needed for the project out of which 25.8981 hectares of land has been settled by the farmers and have executed sale deed in favour of UPEIDA @ Rs. lacs per hectare i.e. 32 lacs when multiply by 4. For the remaining area measuring 0.0291 hectares of land, award has been published on 25.03.2015. The stand of the State that all the writ petitioners have sold their land through sale deed on the basis of mutual consent.
As per order dated 06.04.2016 passed in Land Acquisition No. 81 of 2014, the petitioners claims parity from village Kabeerpur, District Unnao and therefore, they are entitled for the compensation from the land owners of village Kabeepur, whose land have been acquired.
Considering the aforesaid, we direct the respondents-authorities to pay compensation to the petitioners in terms of order dated 06.04.2016 passed in Land Acquisition No. 81 of 2014.
The writ petition is accordingly, disposed of but there is no order as to costs.
All pending Civil Misc. Applications, if any, stand disposed off.
[Jaspreet Singh,J.] [Pankaj Kumar Jaiswal,J.] Order Date :- 31.7.2019 S.Ali