- (1.) Heard learned counsel for the petitioners and Shri Siddhartha Dhaon, learned Additional Chief Standing Counsel for the State-respondents.
(2.) The land of the petitioners being Khasra No.307, area 0.055 hectares was utilized by the Public Works Department, Faizabad for construction of road without drawing any acquisition proceedings or without taking consent of the petitioners or without getting sale deed executed from the recorded tenure holders of the land in question.
(3.) The petitioners, aggrieved by the above action of the respondents, approached this Court by way of Writ Petition No. 11733 (L/A) of 2016 [Ram Nayan And Ors. Vs. State of U.P. & Ors.]. This Court disposed off the said petition by order dated 23.8.2016, requiring the District Magistrate, Faizabad to look into the matter and to take appropriate decision within 3 months and if the petitioners were found entitled for compensation the same was to be paid. The operative portion of the order dated 23.8.2016 is reproduced below:- "Accordingly, the writ petition is disposed off with a direction to the respondent no. 5 to make an enquiry into the matter. The petitioners shall file all the documents in relation to their grievance. The District Magistrate,Faizabad shall proceed in accordance with law to decide the matter within three months from the date of production of a certified copy of this order. The District Magistrate shall call for such information as required from the Public Works Department and in the event, if the petitioners are found entitled for such compensation,they shall be paid compensation. The District Magistrate shall also ensure availability of the budget for disbursing the same to the petitioners.";