DASHRATH MALLAH Vs. STATE OF UTTAR PRADESH AND OTHERS
LAWS(ALL)-2018-11-250
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on November 15,2018

Dashrath Mallah Appellant
VERSUS
State of Uttar Pradesh and others Respondents

JUDGEMENT

VIKRAM NATH,J. - (1.) Heard learned counsel for the parties. By means of this petition, the petitioner has prayed for the following reliefs:- "1. Issue a writ, order or direction in the nature of Mandamus directing the opp. Parties particularly the opp. party no.3 by commanding him to pay the compensation to the petitioner of the acquired land i.e. plot no.118 min 0.024 hect situated in village Mirapur Doaba Pargana Haveli Avadh Tehsil and Distt. Faizabad as per present Market Value as well as taking into considering the provisions as enshrined under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within the stipulated time as may be fixed by this Hon'ble Court. 2. Issue a writ, order or direction in the nature of Mandamus directing the opp. party no.3 for releasing the rest of the land of khasra no.118 pertaining the petitioner (other than the acquired land) which has been occupied by the opp. parties without any acquisition."
(2.) Submission of learned counsel for the petitioner is that despite the land of the petitioner having been utilised by the State for construction of Bandh, no compensation has been paid to the petitioner till date. Admittedly, acquisition of the land had taken place more than 28 years ago.
(3.) The petitioner had filed one writ petition bearing Land Acquisition No.24092 of 2017, Dashrath Mallah v. State of U.P. and others, before this Court and this Court was pleased to dispose of the aforesaid writ petition vide order dated 9.10.2017 directing the Special Land Acquisition Officer, Faizabad to take appropriate decision strictly in accordance with law on the pending representation of the petitioner.;


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