Prem Narayan Shukla v. State Of U. P. Thru. Addl. Chief Secy. P. W. D. Lko.
2022-01-04
DEVENDRA KUMAR UPADHYAYA, SUBHASH VIDYARTHI
body2022
DigiLaw.ai
JUDGMENT : 1. Heard learned counsel for the petitioners and the learned State Counsel. 2. It appears that certain land belong to the petitioners situate at Village Ghatampur (Urban), Pargana & Tehsil Ghatampur, District Kanpur Nagar is sought to be acquired by U.P. State Highway Authority. 3. By means of this petition, the petitioners have challenged the letter dated 15.02.2019 written by the Chief Executive Officer of the said Authority to the District Magistrate, Kanpur Nagar whereby certain rates on which land from land owners is to be purchased, has been approved. 4. Learned counsel for the petitioners states that in determination of the said rate, there is a lot of discrepancies. He further states that process of construction of road has started as survey of the area and demarcation etc. are going on and the land of the petitioners may be utilized. 5. Having regard to the facts of the case as pleaded by learned counsel for the petitioners, what we find is that land of the petitioners has yet not been acquired; neither has it been purchased by the U.P. State Highway Authority. By the impugned letter dated 15.02.2019, what has been done is that certain rates on which land is to be purchased has been approved by the Chief Executive Officer of the Authority. At the most, such letter can only be treated to be an offer to those land owners who intend to sell their land in favour of the Authority. The matter is purely contractual, hence no interference by this Court in this case is warranted. 6. However, while disposing of this petition we may only observe that land of the petitioners will not be utilized by the Authority or any other State Agency without either acquiring the same under the law related to the compulsory acquisition or by purchasing it from the owners of the land on the basis of negotiation. 7. With the aforesaid observations and directions, the writ petition is finally disposed of.