- (1.) THE petitioner has prayed for issue of a writ of mandamus directing the respondents to consider the claim of the petitioner for grant of equivalent land in lieu of land held by him in village Haliyadi comprised in Khata No. 835 Khasra No. 2712, 2714 and 3232 i.e. 3 Gathe and the total area measuring 0.164 hectare and the land comprised in Khata No. 323 Khasra No. 2753/1 measuring 0.0760 hectare or in the alternative give him compensation at market rate.
(2.) THE petitioner's case in short is that he is the recorded tenure holder of the aforementioned plots, but since the petitioner is residing in the State of Haryana, the Government of U.P. has taken away his property without paying any compensation to him. It has also been averred in the writ petition that the aforementioned property came to be acquired under the river bed and the same now vests with the Government. The revenue record still stands in the name of the petitioner, but actually his land is being utilized by the Government so as to give it to the fishermen and the Government is making income at the cost of the petitioner. He has also made representation on 16.8.2007, but no action was taken.
(3.) THE opposite parties while controverting the averments made by the petitioner in his writ petition, filed counter affidavit admitting that the plots in question are recorded in the name of the petitioner, but it was submitted that the Gata No. 3232 is now fully submerged in Gomti River, while Gata No. 2713 and 2714 are ponds on the spot and are filled with the water. It was further contended that no acquisition proceeding was done in respect of the aforementioned Gatas. In respect of Gata No. 2753/1, it was contended that it is an agricultural land, but the same is lying vacant. The residential house of the petitioner is about 500 meters away from Gomti River, A report of the Lekhpal was also annexed with the counter affidavit. However, the opposite parties subsequently, filed supplementary counter affidavit stating therein that in the earlier counter affidavit it was wrongly mentioned that the Gata Nos. 2713 and 2714 are recorded as pond and filled with the water. The actual fact is that Gata Nos. 2713 and 2714 are recorded in the name of the petitioner, but are filled with water. After filing of the counter affidavit and supplementary counter affidavit, this Court vide order dated 8.12.2011 directed the District Magistrate, Sultanpur to get the land inspected by an officer not below the rank of Sub Divisional Magistrate and submit report alongwith photographs. In compliance of the orders passed by this Court the District Magistrate, Sultanpur got the disputed land inspected and submitted a report dated 15.1.2012 alongwith the sketch map and photographs. From a perusal of the report, it reflects that the house of the petitioner stood demolished and the land on which the house was standing is lying vacant. In respect of Gata No. 2713, it was mentioned in the report that the nephew of the petitioner namely Jai Prakash had sown potato crops over it. With regard to Gata No. 2714, it was mentioned in the report that a Nala was flowing through this land. Gata No. 3232 was fully submerged in the Gomti River as per the report and Gata No. 2753 was an agricultural land over which wheat crops was found sown. Thereafter in compliance of the order dated 13.5.2013 passed by this Court, a report was submitted by Sub Divisional Magistrate, Sadar, Sultanpur, in which it was mentioned that in lieu of house, the petitioner has already been allotted Gata No. 2516, but in respect of other Gatas, it was reported that there was no other alternative land available with the Gaon Sabha to be given to the petitioner, but as a result of change of course of Gomti river, the land was available, which was offered to the petitioner, but he refused to accept that land.;