WPMS/3294/2018 on 13 November, 2018

[Cites 1, Cited by 0]

Uttarakhand High Court

WPMS/3294/2018 on 13 November, 2018

Bench: Manoj K. Tiwari

WPMS No.3296 of 2018, WPMS No. 3292 of
2018, WPMS No. 3293 of 2018, WPMS No.
3294 of 2018, WPMS No. 3295 of 2018, WPMS
No. 3297 of 2018, WPMS No. 3298 of 2018,
WPMS No. 3299 of 2018, WPMS No. 3300 of
2018, WPMS No. 3301 of 2018, WPMS No.
3302 of 2018, WPMS No. 3304 of 2018, WPMS
No. 3305 of 2018, WPMS No. 3306 of 2018,
WPMS No. 3310 of 2018 & WPMS No. 3311 of
2018
Hon'ble Manoj K. Tiwari, J.

Mr. Devesh Upreti and Mr. Daya Sagar Bisht, Advocates for the petitioners.

Mrs. Pushpa Bhatt and Mr. Rajesh Sharma, Standing Counsel for Union of India/respondent no. 1.

Mr. Naresh Pant, Advocate for respondent nos. 2 & 3.

Mr. Vinod Kumar Nautiyal, Deputy Advocate General with Mr. R.C. Arya, Standing Counsel for the State of Uttarakhand/respondent nos. 4 & 5.

Since common question of fact and law are involved in these petitions, therefore, all these writ petitions are being heard and decided by this common judgment.

Heard learned counsel for the parties.

Petitioners claim to have purchased bhumidari land situated at village Kishanpur Sakulia, Tehsil Lalkuan, District Nainital from different persons in different years.

According to the petitioners, their names were duly mutated in revenue records and declaration under Section 143 of Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Act, 2016 (hereinafter referred to as "UPZA & LR Act") was made in favour of some of the petitioners regarding change of nature of land from agricultural to non-agricultural. Land belonging to the petitioners was needed for widening of N.H. No. 87.

Grievance of the petitioners is that since their land was shown as "No Man's Land" in Notification 3E/3H published in Amar Ujala Newspaper dated 21.05.2018, therefore, they were not paid any compensation against the land. Subsequently, petitioners filed application under Section 28 of U.P. Land Revenue Act, 1901, which is pending consideration before the Collector, Nainital.

Mr. R.C. Arya, learned Standing Counsel, on instructions, has made a statement that the next date fixed in the matter before the Collector, Nainital is 15.11.2018.

Considering the submission advanced by the learned counsel for the parties and after going through the papers available on record, the writ petitions are disposed of by issuing direction to the Collector, Nainital to decide the pending applications filed by the petitioners under Section 28 of U.P. Land Revenue Act, 1901, by reasoned & speaking order, in accordance with law, after considering the entire material available on record on 15.11.2018. If it is not possible to decide the said pending applications for some unavoidable reason on 15.11.2018, in that event, same shall be decided positively on or before 30.11.2018.

It shall be open to the petitioners to raise all pleas and contentions with material records before the Collector, Nainital, which shall be considered by the Collector, Naintial while taking decision.

Let a copy of this order be placed in all the connected writ petitions.

Certified copy of this order be issued within 24 hours.





                     ( Manoj K. Tiwari, J.)
Arpan                       13.11.2018

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