Allahabad High Court
Bidhi Chand vs State Of U.P. And 4 Others on 12 December, 2019
Bench: Sudhir Agarwal, Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - C No. - 39988 of 2019 Petitioner :- Bidhi Chand Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jawahar Lal Pandey Counsel for Respondent :- C.S.C.,Krishna Agarawal Hon'ble Sudhir Agarwal,J.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Jawahar Lal Pandey, learned counsel for petitioner, learned Standing Counsel representing respondents-1 to 3 and Mr. Krishna Agarawal, learned counsel representing respondent-4.
2. Present writ petition under Article 226 of Constitution of India has been filed seeking a writ of mandamus directing respondents 3 and 4 to pay remaining extra compensation and other benefits to petitioner for acquired land comprised in Khatauni Khata No. 281 i.e. Survey Plot No.435 and Khatauni Khata No. 282 i.e. Survey Plot No. 407 situate invillage Chandpur and Khatauni Khata No. 180 i.e. Survey Plot No. 38. situate in village Achhepur, Pargana-Dankoor, Tehsil and District-Gautam Buddh Nagar.
3. Petitioner claims that pursuant to will deed dated 01.07.2013, he is entitled for payment of compensation and apprehends that same may be claimed by respondent-5. If there is any dispute regarding payment of compensation, then remedy lies in common law by filing a suit for declaration or an objection under Section 30 of Land Acquisition Act, 1894.
4. Accordingly, writ petition is dismissed on the ground of alternative remedy.
Order Date :- 12.12.2019 YK