- (1.) HEARD Sri R.K.S.Suryvanshi, learned counsel for the petitioner and learned Additional Chief Standing Counsel, who appeared for respondent nos.1 to 6.
(2.) THE petitioner has prayed that respondents be directed to pay compensation in accordance with Land Acquisition Act 1894 in lieu of acquisition of plot no.375, ad -measuring 2.451 hectares which, according to the petitioner, was acquired for construction of a drain, commonly known as Ashok Pur Drain, situate in village Bithaura, Post Office Bhaisuriya, Pargana and Tehsil, Ramnagar, District Barabanki.
(3.) SUBMISSION of learned counsel for the petitioner is that on representing his case, respondents gave assurance to the petitioner that whenever funds are made available by the State Government, appropriate compensation to her shall be paid. However, despite running from pillar to post, no compensation which is legally admissible to the petitioner has yet been paid, hence this petition. Further submission of learned counsel for the petitioner is that the land belonging to the petitioner was utilized for construction of Ashok Pur Drain without her consent and on account of non -payment of compensation she is suffering loss. Annexure 3 annexed to the writ petition is a letter containing information given to husband of the petitioner on 22.04.2009 on a query made by him under Right to Information Act, according to which the total land utilized by the respondents for construction of drain was to the extent of 2.5009 hectares i.e. 8 bighas, 2 biswas and 0 biswansi. The said reply also states that the total area which was intended to be utilized for the aforesaid purpose of gata no. 375 was 1 bigha, 16 biswas and 0 biswansi and according to current circle rate, the total value of the area of 1 bigha, 16 biswas and 0 biswansi of plot no.375 comes out to Rs.2,70,000/ -. Learned counsel for the petitioner states that thus, according to the aforesaid reply given by the Executive Engineer, Flood Works Division, Irrigation Department, Barabanki, the petitioner is entitled to be paid a sum of Rs.2,70,000/ -.;