Saurabh Lavania, J. - (1.) Heard Shri Rajeiu Kumar Tripathi, learned counsel for the petitioner and learned Standing Counsel.
(2.) By means of the present writ petition, the petitioner has prayed for the following relief :- "Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to calculate the amount of compensation and rehabilitation amount in respect of the land of the petitioner being Gata No.879 area 0.410 hectare situated in village-Raipur Bilaila, Pargana Bahraich, Tehsil-Ikauna, District-Shravasti, acquired for construction of Dikra Minor of Rapti Main Canal under Saryu Nahar Pariyojna as per the Government Order dated 19.03.2015 by following the different provisions of the Right to Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 and to pay the same to the petitioner within time frame as stipulated by the Hon'ble Court."
(3.) Learned counsel for the petitioner submits that opposite party no.4/Executive Engineer, Saryu Nahar Khand, Nanpara, Bahraich has admitted that the determination of the valuation of the land has not been made in accordance with the provisions of Government Order dated 19.03.2015, rather it has been done as per Government Order dated 08.10.2012 and as such, the opposite party nos.1 and 4 have violated the provisions of the Act of the Right to Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 (hereinafter referred to as Act of 2013). Consequently, the sale deed dated 07.04.2016, which was got executed in duress and by taking undue advantage of the power conferred upon the opposite parties, is void-ab-initio under the provisions of Section 46 (5) of the Act of 2013.;