M Katju, J. - (1.) -This writ petition has been filed for a mandamus directing the respondents to pay compensation to the petitioners at the circle rate or to release their land from acquisition in pursuance to the direction given by the Awas Commissioner dated 16.7.2001.
(2.) HEARD learned counsel for the parties. In paragraph 2 of the writ petition it is alleged that the petitioners are the owners of the plots in dispute. The plots were acquired by the Executive Engineer, U. P. Awas and Vikas Parishad, Gorakhpur in 1972. True copy of the notification issued by the Executive Engineer in 1972 is Annexure-1 to the writ petition. In paragraph 4 of the writ petition it is alleged that till 1999 nothing was done and no compensation was paid to the petitioner and the petitioners are in physical possession of the land in dispute. On 27.5.2000 the District Magistrate, Varanasi, wrote a letter to the Nagar Nigam, Varanasi vide Annexure-2 to the writ petition. On 14.4.2000, a report was submitted by the Land Acquisition Officer, Varanasi, stating all the facts vide Annexure-3 and another report was submitted by the S.D.M., Sadar on 21.4.2001 vide Annexure-4 to the writ petition. On the basis of this report the District Magistrate wrote a letter to the Awas Commissioner, U. P., Lucknow on 26.4.2001 vide Annexure-5 to the writ petition and thereafter notices were issued to the concerned tenure holders on 8.8.2001 vide Annexure-6 to the writ petition.
(3.) IT is alleged in paragraph 10 of the writ petition that on 13.8.2001 a meeting was held and a decision was taken that Rs. 25,000 per biswa compensation will be given to the concerned tenure holders along with interest. True copy of the compromise dated 13.8.2001 between respondent No. 1 and concerned tenure holders is Annexure-7 to the writ petition. In this compromise it is stated that regarding those persons who have taken compensation their land will be demarcated on one side and those who have not taken compensation their land will be demarcated on the other side. It is alleged in paragraph 11 of the writ petition that all of a sudden the respondent No. 1 started to raise constructions over the land in dispute without considering the grievances of the petitioners and without following the direction given by the Awas Commissioner, dated 16.7.2001. Hence, the petitioner moved letters dated 19.3.2002 and 20.3.2002 Annexures-8 and 9 to the writ petition mentioning their grievances. It is alleged in paragraph 13 of the writ petition that the circle rate is Rs. 100 per sq. feet vide Annexure-10 to the writ petition. Accordingly the petitioner should have been paid Rs. 1,36,000 per bigha but the respondents have decided to give compensation of only Rs. 25,000 per bigha.;