SHIVA NAND GUPTA Vs. STATE OF U.P.
LAWS(ALL)-2014-5-247
HIGH COURT OF ALLAHABAD
Decided on May 26,2014

Shiva Nand Gupta Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

- (1.) This is a case where it is admitted by the respondents that the land of the petitioners was taken over by the State authorities more than three decades back on 1.3.1978 without resorting to the procedure of acquiring the land under the Land Acquisition Act or by adopting any other procedure prescribed in law. It shows complete high-handedness of the State-authorities in depriving the petitioners, who are villagers, of their land without following the procedure of law. It is not expected of the State authorities to illegally take over the land of any citizen and sit tight over the matter, and it is only after a marathon innings of struggle by the land owners, in chasing their case before the State-authorities and filing writ petition in this Court, that the respondents now come up with the case that during the pendency of this writ petition the consent has been taken from the petitioners in the year 2010 to the effect that they would be agreeable to accept the compensation at the circle rate in terms of the G.O. dated 29.9.2001. Such agreement had been arrived at only after this Court had passed an order on 4.5.2010 to the effect that the respondents shall ensure payment of compensation to the petitioners for the land which had been taken over by them, or to show cause by the next date. Thereafter on 26.5.2010, 8.7.2010, 3.5.2013 and 14.5.2013 this Court had passed the following orders:- "ORDER DATED: 26.5.2010 On 04.05.2010, this Court had passed the following order:- "The grievance of the petitioners is that though his land has been acquired in 1978 but till date no compensation has been paid. Learned Standing Counsel has, on having received instructions, stated that with regard to the said issue, a meeting has been called for by the District Magistrate on 13.05.2010, on which date it is likely that the matter regarding compensation would be taken. In view of the aforesaid circumstances, it is directed that the respondents shall ensue payment of compensation to the petitioner for the land, which has been acquired by them or they may show cause by the next date. List on 25.05.2010."
(2.) The said order has not been complied with.
(3.) Learned Standing Counsel states that the Principal Secretary, Ministry of Public Works Department had already sent the proposal for payment of the compensation and the payment of compensation would be made to the petitioners very shortly.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.