Pankaj Sharma v. U. P. Avas And Avam Vikas Parishad
2016-05-05
D.Y.CHANDRACHUD, YASHWANT VARMA
body2016
DigiLaw.ai
JUDGMENT The petitioners claim to be interested in land bearing Gata No.672, ad-measuring 0.1900 hectare of Village Lakadi Fajalpur, District Moradabad. The petitioners have disclosed that the land was notified in 2003 by the Avas Evam Vikas Parishad for acquisition but till date neither has any notice been served nor any compensation been paid. The petitioners further state that after the notification of the land, the petitioners continued to remain in possession and compensation has been paid to those persons who had entered into agreements. However, according to them, no agreement has been entered into with them. On this ground, the petitioners seek the following relief: “(A) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 not to interfere in the peaceful possession of the petitioners bearing Gata no.672 area 0.1900 situated in village Lakadi Fajalpur, Pargana Tehsil and District Moradabad without following the procedure of Land Acquisition Act.” 2. A counter affidavit has been filed in these proceedings by the first respondent. The counter affidavit sets out that a notification was issued under Section 28 of the U P Avas Evam Vikas Parishad Adhiniyam, 1965 on 15 February 2003 and thereafter, under Section 32 on 22 May 2010. The notifications include the land of the petitioners bearing khasra no.672 of village Lakadi Fazalpur. A total area of 104.04 hectares has been acquired in three villages, namely, Shahapur Tigri, Didauri and Lakadi Fajalpur, the last of them being the village of the petitioners. From that village, 6.706157 hectares land has been acquired. Out of 245 tenure holders, 74 have entered into agreements with the Parishad and an additional 134 tenure holders have submitted their documents for agreements which are being scrutinized. Moreover, it has been stated that a notice has been issued by the Special Land Acquisition Officer, Moradabad to the effect that the Commissioner has consented to a rate of Rs.2700/- per square meter in respect of the land at village Lakadi Fajalpur. According to the affidavit, the petitioners forcibly sought to raise constructions over the land which has been acquired as a result of which, a first information report was lodged and action was taken. 3. In the event that the petitioners have entered into an agreement with the Parishad or intend to do so, the Parishad shall necessarily have to abide by the provisions of law.
3. In the event that the petitioners have entered into an agreement with the Parishad or intend to do so, the Parishad shall necessarily have to abide by the provisions of law. On the other hand, if the petitioners are not agreeable in the same manner as the other tenure holders, they would be entitled to the payment of compensation in accordance with the provisions of the Act. 4. At this stage, particularly since neither of the two notifications is under challenge, the relief which has been sought for an injunction simplicitor against interference in their possession cannot be granted. 5. The petition is, accordingly, disposed of, leaving it open to the petitioners to move their claim for compensation before the competent authority which shall be expeditiously dealt with. Similarly, if they intend to enter into an agreement, the competent authority shall deal with such a request on the same basis as other similarly placed tenure holders. There shall be no order as to costs.