Allahabad High Court
Ved Prakash Saini And 45 Others vs State Of U.P. And 2 Others on 14 March, 2023
Author: Sunita Agarwal
Bench: Sunita Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - C No. - 35876 of 2022 Petitioner :- Ved Prakash Saini And 45 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudeep Harkauli Counsel for Respondent :- C.S.C.,Archit Mandhyan,Chandra Shekhar Singh,Chandra Shekhar Singh Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Vikas Budhwar,J.
Heard Sri Sudeep Harkauli, learned Advocate for the petitioner and Sri Shiv Babu Maurya holding brief of Sri Chandra Shekhar Singh, learned Advocate appearing for respondent/ Krishi Utpadan Mandi Samiti.
In the personal affidavit of the Secretary, Krishi Utpadan Mandi Samiti, Moradabad filed today in the Court, it is categorically stated that the amount determined under Section 28-A by the Special Land Acquisition Officer has been deposited vide Cheque dated 04.03.2023. The copy of the cheque for an amount of Rs.2,74,02,739/- enclosed with the letter dated 04.03.2023 written by the Secretary, Krishi Utpadan Mandi Samiti, Moradabad, to the Special Land Acquisition Officer is appended along with the affidavit filed today.
A perusal thereof indicates that while making the necessary deposits, a caveat was put by the Secretary, Krishi Utpadan Mandi Samiti, Moradabad requesting the Special Land Acquisition Officer not to disburse the deposited compensation to the land holders for the reason that the application under Section 28A(3) of the Land Acquisition Act, 1894 has been filed by the Mandi Samiti challenging the decision of the Special Land Acquisition Officer under Section 28A of the Land Acquisition Act, 1894.
There is no dispute about the fact of pendency of the application under Section 28A (3) before the competent court. The petitioners herein are necessary parties to the proceedings initiated by the Mandi Samiti.
In view of the provisions of Section 28A(3), we do not find any substance in the submission of learned counsel for the petitioner to release the compensation amount in part so as to protect the interest of the land holders. We may make it clear that the petitioners herein claimed benefit of the reference Court award by moving an application under Section 28-A of the Land Acquisition Act, 1894, the decision of which is being contested by the respondent/ Mandi Samiti. The release of the deposited amount towards enhanced compensation as determined under Section 28-A of the Land Acquisition Act, 1894, in our considered opinion, is subject to the final decision of the pending applications under Section 28-A (3) before the competent court.
We, therefore, dispose off the present writ petition with a direction to the Special Land Acquisition Officer, Moradabad to invest the deposited money in an interest fetching account of a Nationalized Bank. The release of which would be subject to the final decision in the challenge made by the Mandi Samiti under Section 28A (3) of the Land Acquisition Act, 1894.
Order Date :- 14.3.2023 N.S.Rathour