- (1.) This writ petition prays for a mandamus that the proceedings for execution for Plot No.224, measuring 3 bighas of Khata No.77, Village - Aurdaunamau, Tehsil - Sadar, District - Lucknow be declared to have been lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the 2013 Act').
(2.) The ground taken is that since on the exchange of affidavits it is evident that only part of the advance compensation had been paid and ?rd of the compensation has now been deposited on 2nd of February, 2017 in the Court of the learned District Judge, Lucknow under Section 31(2) of the 1894 Act, then in that event the judgments of the Hon'ble Supreme Court in the case of Delhi Development Authority v. Sukhbir Singh and Ors. - AIR 2016 (8) SC 4275 read with the ratio of the Division Bench judgment of this Court in the case of Bimlendra Mohan Pratap Mishra and Anr. v. State of U.P. and Ors. - Writ Petition No.170 (L/A) of 2014 decided on 14.02.2017 are clearly attracted. Consequently, the writ petition deserves to be allowed with a suitable direction in this regard.
(3.) It may be clarified at the very outset that this writ petition is only by one Ashok Kumar contending that he was entitled to receive the entire compensation of the said land and therefore, it is he who can now successfully invoke the provisions of Section 24(2) of the 2013 Act.;