Allahabad High Court
Smt. Chandra Kala Singh And Others vs State Of U.P. And Others on 11 January, 2010
Author: Sheo Kumar Singh
Bench: Sheo Kumar Singh
Court No. - 46
Civil Misc. Review Application No.285918 of 2008
In
Case :- WRIT - C No. - 66170 of 2008
Petitioner :- Smt. Chandra Kala Singh And Others
Respondent :- State Of U.P. And Others
Petitioner Counsel :- V.P. Singh
Respondent Counsel :- C.S.C.
Hon'ble Sheo Kumar Singh,J.
Hon'ble Shyam Shankar Tiwari,J.
This application has been filed by the Government side for necessary modification of the judgment of this Court dated 26.8.2009.
Sri Wasim Alam, the learned State Counsel is present to argue in support of the application.
Sri V.P.Singh, Advocate, who appeared in the writ petition, is present today to place his arguments on this application.
In respect to a piece of land of which possession was taken by the State side for the construction purposes of canal a writ petition came to be filed before this Court and after exchange of the pleadings, the writ petition was finally decided by judgment dated 26.8.2009.
Two directions were given. One was in respect to the quantum as agreed by the State side in its paragraph-9 of the Supplementary Counter Affidavit. The second was i respect to refund of the amount realised by the State side towards land revenue and irrigation charges.
So far as the direction that in relation to the quantum it is to be paid alongwith interest from the date of entitlement.
Sri Wasim Alam submits that the compensation was assessed and is being paid to the petitioners side according to the present market rate and therefore, on the facts, petitioners agreed not to receive any amount towards interest and thus they have filed an affidavit before the Executive Engineer, Irrigation Department, Jaunpur dated 10.9.2009.
Copy of that affidavit signed by Smt. Uma Singh, Vijay Lakshmi and Smt. Chandra Kala Singh is annexed as Annexure-2 to the application. These three are the petitioners.
In paragraph-4 of the affidavit, referred to above, it is clearly mentioned that the compensation being at the market rate they are not to claim/lay any claim about the interest, but within the time so allowed by this Court, the respondents are to pay the entire amount of compensation.
It is also mentioned in the affidavit that the land revenue/irrigation charges so realised is to be refunded.
Sri V.P.Singh, who is the counsel for the petitioners and infact, who is related to petitioner no.1 also makes a statement that the stand as placed before the authority vide affidavit dated 10.9.2009 is still acceptable to the petitioners and thus, the orders may be passed accordingly, so that the petitioners may get the amount of compensation in terms of the admitted facts (Paragraph-9 of the Supplementary Counter Affidavit ).
Accordingly, this Court need not go into the merits and write any more on the issue and thus, this application is disposed of by giving the following directions :
i] The Executive Engineer, Irrigation Department, Jaunpur is directed to give the entire amount of compensation in terms of their own admission, as stated in paragraph-9 of the Supplementary Counter Affidavit within a period of three weeks from today.
ii] The part of the order dated 26.8.2009 by which the interest was directed to be paid is hereby withdrawn and thus, no calculation is to be made on that basis and that is not to be paid to the petitioners as agreed and noticed above.
iii] The respondents are again directed to calculate the amount which might have been realised towards the land revenue and the irrigation charges from the date of taking possession as noted in the first order, so that the amount on being calculated may also be paid to the petitioners alongwith compensation as indicated above. With the aforesaid directions, this application stands disposed of and thus the order dated 26.8.2009 stands modified accordingly.
Let a copy of this order be made available to the learned standing counsel without any charges and to the counsel for the petitioners on payment of usual charges within ten days from today.
Order Date :- 11.1.2010 Ak/