- (1.) The controversy involved in the above writ petitions are stated to be identical and connected, therefore, all the petitions were heard together and are being decided by this common order, leading case being Writ petition no. 23664 of 2018.
(2.) The petitioners in this writ petition are seeking a direction in the nature of mandamus commanding the respondents to make payment of compensation of land of Khasra no. 843 Kha area 0.0450 hectare, 843 Ga area 0.032 hectare, Khasra no. 515 Gha area 0.089 hectare and Khasra no. 833 Ka area 0.5140 hectare and Khasra no. 637 area 0.3420 hectare situated in village Pargana Kaswar Raja, Tehsil-Raja Talab, District Varanasi in pursuance of the letter of the District Magistrate, Varanasi dated 23.06.2017 as per circle rate of the year 2017-18 at market value.
(3.) Briefly stated the facts of the case are that a project for expansion of the width of the Babatpur-Kapsethi Road was initiated by the District Magistrate, Varanasi-Respondent no.2 in 2014 and it is alleged that without consent of the agriculturist, possession of the land of the petitioners was taken on 24.01.2014. It is stated that in pursuance of the said road widening project, the Khasra no. 843 Gha, 515Ga and 844 Ga and Khasra no. 843 Kha, 833Ka and 637 have been utilized and possession of the land taken from the petitioners. It is alleged that no acquisition proceedings were resorted to but it was assured that compensation would be paid on the basis of the circle rate fixed by the authority. It is stated that by a letter dated 05.8.2016, the Assistant Engineer, P.W.D., requested the Sub Divisional Magistrate, Raja Talab, Varanasi to determine the category of land taken for construction of the road in Village Kapsethi, Baradeeh and Kalikadham. It is stated that the circle rate was prepared by the Revenue Authority, (Annexure-3 to the writ petition) and the village Kapsethi is shown at Sr. no. 28. It is also stated that a Writ petition no.2643 of 2017 (Ashok Kumar Dubey Vs State of U.P. and others) was filed by a co-owner of the petitioners against the intended demolition of his construction on the land in question by the P.W.D. The said writ petition was disposed of by a Division Bench of this Court by order dated 19.01.2017 directing the District Magistrate to decide the representation of the petitioner after hearing the parties concerned including the Officers of the Public Works Department. It is stated that the representation of the petitioner was disposed of by the District Magistrate, Varanasi by an order dated 21.4.2017 and the District Magistrate directed the P.W.D. to make payment of compensation to the petitioner Ashok Kumar in respect of his Arazi no. 843 Kha area 0.045 hectare and Arazi no. 515 Gha area 0.089 hectares as per the circle rate. It is further stated that a total amount of Rs. 367 Crores had been sanctioned by the State Government for the Kapsethi-Babatput Rajya Marg as would be evident from the letter of District Magistrate, Varanasi dated 23.6.2017.;