REGENT COMPUTRONICS PVT. LTD.

S.K. Mehrotra Appellant

V/S

LUCKNOW DEVELOPMENT AUTHORITY Respondents

Referred Judgements :-

JUDGEMENT

(1.) By means of the present writ petition filed under Art. 226 of the Constitution of India, the petitioner has prayed for issuing a writ, order or direction in the nature of mandamus directing the opposite parties to remove all obstructions from the plot no.1416 situate in Village Bargawan, Pargana Bijnor, Tehsil Sadar, District Lucknow and restore the same to the petitioner or to provide a suitable plot to the petitioner in lieu of the above plot in the same scheme or to pay adequate compensation to the petitioner according to law.

(2.) Brief facts giving rise to filing of the present writ petition are that vide Notification dated 21.04.1979 published in U.P. Gazette under Sec. 4 of the Land Acquisition Act, 1 Bigha 15 Biswa and 15 Biswansi of Plot No.1416 of the petitioner was notified for acquisition in connection with Lucknow-Kanpur Road Nagar Prasar Yojna Part-2 and the award was made on 101985 by the Land Acquisition Officer. It is submitted by the petitioner that 5 Biswa and 5 Biswansi of the above plot, converted into 7146.56 sq. feet, was left out from acquisition proceedings in spite of that the rest of the land of the said plot was utilized and taken possession in connection with above Yojna. The Lucknow Development Authority vide letter dated 24.05.2010 informed the petitioner for payment of amount of the said plot and a cheque amounting to Rs. 86,287/- was sent to the petitioner. Since rest of the plot was used as a commercial plot since 1987 and the petitioner accepted the amount of compensation under protest and the cheque sent to the petitioner was unacceptable, thus, was kept by the petitioner under protest. Later on by subsequent letters the petitioner made request for settlement of the matter but the authorities made a payment of compensation for the amount, as referred above, which is said to be purely arbitrary, illegal and against the Government Orders. The petitioner has assailed the order on the ground that the possession of the plot was taken without payment of reasonable compensation and the plot was utilized in the Yojna and the respondents are in possession of the land from 1987 without determining the actual compensation. Further the opposite parties have deprived the petitioner from the possession and the use of the plot and arbitrarily determined the compensation and paid through means of the cheque, as referred above, which is absolutely illegal and no compensation in the eyes of law. It has been further submitted that the compensation of the plot paid is most inappropriate with respect to the area and its commercial use.

(3.) By filing the counter affidavit it has been submitted that land Khasra Plot No.1416 was acquired under Kanpur Road Yojna and due compensation was awarded to the petitioner. Compensation of the said area was paid to the petitioner first by acquiring the land area 2.5 bighas and rest of the area was subsequently acquired and the compensation was awarded in light of the earlier award dated 12.02.1985. The claim of the petitioner is that the compensation should have been given in light of subsequent market rate and that too the rate should be calculated as commercial rate.

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S.K. MEHROTRA Vs. LUCKNOW DEVELOPMENT AUTHORITY

Referred Judgements :-

JUDGEMENT

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