Allahabad High Court
Ankur Kumar Srivastava & 15 Others vs U.O.I. Thru. Secy.,Min.Of Road ... on 18 September, 2019
Bench: Pankaj Kumar Jaiswal, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Court No. - 1 Case :- LAND ACQUISITION No. - 23667 of 2017 Petitioner :- Ankur Kumar Srivastava & 15 Others Respondent :- U.O.I. Thru. Secy.,Min.Of Road Transport & Highways & 6 Ors. Counsel for Petitioner :- Shyam Mohan Pradhan,Shyam Mohan Pradhan Counsel for Respondent :- C.S.C.,A.S.G.,Aatreya Tripathi,Krishna Kumar Pandey Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Jaspreet Singh,J.
At the outset, learned counsel for the petitioner Sri Shyam Mohan Pradhan has submitted that during pendency of the instant writ petition, petitioner no.9-Vidya Prakash died, therefore, his legal heirs have filed application for condonation of delay in filing substitution application (C.M. Application No. 8461 of 2019) and application for substitution (C.M. Application No. 8463 of 2019), which are pending.
Learned Standing Counsel has no objection in case delay in filing the substitution application be condoned and the application for substitution be allowed.
On due consideration, as the reasons assigned in the affidavit filed in support of application for condonation of delay in filing the substitution application is satisfactory, therefore, C.M. Application No. 8461 of 2019 is allowed. Delay in filing the substitution application is condoned. C.M. Application No. 8463 of 2019 is also allowed.
Let Smt. Sandya Devi, w/o Late Vidya Prakash and Abhishek Kumar Chaudhary, son of Late Vidya Prakash be substituted as petitioner nos. 9/1 and 9/2.
Heard Sri Shyam Mohan Pradhan, learned Counsel for the petitioner and Sri Manish Mishra, learned Standing Counsel for respondents-State.
According to the petitioners, for renovation and upgradation of National Highway No.28-C (Barabanki-Jarwal Road-Bahraich-Nanpara-Rupaidiha) from 99.000 kms. upto 150.20 kms. Nanpara Byepass, their land have been acquired and a notification has been issued accordingly but the Land Acquisition Officer did not assess the compensation correctly treating their land as non-agriculture/perti land.
Grievance of the petitioners is that in identical instances, compensation has been paid @ Rs.10,000 per sq. mtr. because the land is situated on the National Highway and for widening of the National Highway, the land of the petitioners have been acquired.
Learned Counsel for the petitioners submitted that the District Magistrate, Bahraich relying on the circle rate issued by the district of Bahraich on 28.7.2016, awarded compensation @ Rs,10,000/- per sq. mtr. on applying and treating the land as non-agricultural. He submits that according to respondents, no area of petitioner nos. 1 to 5 in plot no. 303M and 297M, petitioner no. 10 in plot no. 51M and 52M and 16 in plot no. 51M have been effected but area of 20.82 Sq. Mt. of petitioner no. 11 in plot No. 74M; area of 11.38 Sq. Mt. of petitioner no. 12 in plot no. 74M; area of 15.17 Sq. Mt. of petitioner no.13 in plot no. 74M; area of 52.72 Sq. Mt. in plot no. 70M have been effected for the purpose of rehabilitation and upgradation of Nanpara Byepass.
Per contra, learned Standing Counsel has submitted that two reports dated 21.1.2017 and 10.3.2017 were sent for payment of compensation to 27 tenure holders treating their land as non-agricultural land. It is also pointed out that a report was sent by the Sub-Divisional Magistrate, Nanpara with respect to 119 tenure holders of Village Nanpara Dehati and 98 tenure holders of Village Meharban Nagar for paying them compensation on the basis of agricultural land, i.e., @ Rs.32,00,000 per hectare for the land situated in Village Nanpara Dehati and @ Rs.35,00,000 per hectare for the land situated in Village Meharban Nagar. It is also pointed out that some of the Villagers were wrongly paid compensation @ Rs.10,000 per sq. mtr. and therefore, a proceeding has been initiated against them to recover the aforesaid compensation and also issued a show cause notice to the persons who were responsible for wrong determination of compensation.
In the present case, learned Counsel for the petitioners is praying for compensation in terms of circle rates issued by the District Magistrate, Bahraich dated 28.7.2016. Clause 12 of the Circular reads as under:-
"12- uxjh; {ks= rFkk v/kZuxjh; {ks= ds v/khu vkus okys leLr jktLo xzke dh ,slh d`f"k Hkwfe] ftldk xkVk uEcj fdlh Hkh lMd ls lVk gS vFkok vkcknh ls lVk gS ,oa xzkeh.k {ks= ds fodkl'khy xzke ftudh lwph izk:i 4 ds vUr esa nh x;h gS] dh ,slh d`f"k Hkwfe ftldk xkVk la[;k jk"Vz~h; jkT; ekxZ] izkUrh; jkT; ekxZ] tuinh; ekxZ ls lVk gS vFkok vkcknh ls lVk gS dk ewY;kdu 0-150 gs0 rd fuEu izdkj ls fd;k tk;sxk& Js.kh {ks+=Qy U;wure ewY;
1- 0-040 gsDVsj rd bl lwph ds Hkkx&2 ds izk:i 2] 3 o 4 tSls Hkh fLFkfr ik;h tk;s ;k ;Fkk fLFkfr esa nh x;h vd`f"kd Hkwfe dh lqlaxr nj ls fudkl x;k U;wure ewY; A 2- 0-040 gs0 ls vf/kd ijUrq 0-080 gsDV;j rd 0-040 gs0 rd dk mijksDr Js.kh & 1 ds vuqlkj fudkys x;s ewY; rFkk 'ks"k Hkwfe dk bl lwph ds Hkkx & 2 ds izk:i 4 ,oa lifBr lkekU; funsZ'k ds dze la[;k 15] esa d`f"k Hkwfe ds fy, fu/kkZfjr ;FkkfLFkfr dh nj ij 60 izfr'kr dh o`f+) djds fudkys x;s ewY; dk ;ksx A 3- 0-080 gs0 ls vf/kd ijUrq 0150 gsDV;j rd 0-080 gs0 rd dk mijksDr Js.kh & 1 o 2 ds vuqlkj fudkys x;s ewY; rFkk 'ks"k Hkwfe dk bl lwph ds Hkkx & 2 ds izk:i 4 ,oa lifBr lkekU; funsZ'k ds dze la[;k 15] esa d`f"k Hkwfe ds fy, fu/kkZfjr ;FkkfLFkfr dh nj ij 25 izfr'kr dh o`f+) djds fudkys x;s ewY; dk ;ksx A 4- 0-150 gs0 ls vf/kd 0-150 gs0 rd dk mijksDr Js.kh & 1] 2] 3 ds vuqlkj fudkys x;s U;wure ewY; o 0-150 gs0 ls vf/kd lEifRr ds ewY;kadu dk ;ksx 0-150 gs0 ls vf/kd lEifRr dk ewY;kadu lEifRr dh fLFkfr ¼;Fkk vkcknh@lMd fdukjs ,oa lifBr lkekU; funsZ'k ds dze la[;k 15½ ds vuqlkj fu/kkZfjr d`f"k nj lds fd;k tk,xkA Considering the aforesaid, without commenting on the merits of the case, the Special Land Acquisition Officer, Bahraich is directed to make spot inspection of the area of the petitioners' acquired land and after making measurement of the area of the acquired land of the petitioners in the presence of the petitioners, if it is found that the aforesaid circle rate is applicable in the case of the petitioners, then, he shall determine the compensation and pay the same to the petitioners accordingly within a period of thirty days from the date of production of a certified copy of this order. With the aforesaid, the writ petition is disposed of.
[Jaspreet Singh, J.] [Pankaj Kumar Jaiswal, J.] Order Date :- 18.9.2019 Ajit/-