Palok Basu and S.K. Jain, JJ. - (1.) It is a strange case where an innocent citizen living in interior of an underdeveloped village is being deprived of his agricultural land on the ground of establishing an irrigation canal but compensation has not been paid to him since the year 1981. Petitioner has to rush up to this Court for the second time even though the first order dated 29.11.1996 directed the payment of the compensation to be made expeditiously vide orders in Writ Petition No. 37926 of 1996 quoted in paragraph 3 of the instant writ petition. When this writ petition was filed before this Court, a counter-affidavit was called because the pleadings were on the part of an helpless innocent citizen. While calling the counter affidavit. therefore, an interim mandamus was also issued which was to the following effect : "An interim mandamus is hereby issued to the respondents to grant the compensation to the petitioner within one month from today and release the compensation amount to the petitioner within another 2 weeks, or show cause by filing a counter affidavit why the petitioner be not paid the compensation and the aforesaid relief be not finally granted."
(2.) In response, two counter-affidavits have been filed. One has been sworn by Sri Sandeep Kumar Sharma who is presently posted as Additional District Magistrate. Sant Ravi Das Nagar, Sri Indra Dev Prasad presently posted as Assistant Engineer Tubewell Maintenance Division Bhadohi, District Sant Ravi Das Nagar has sworn the second counter-affidavit. The contents of both these counter-affidavits are identical in terms. The difference existed only in some of the averments, which are not relevant for the purpose of the deciding the question of payment of compensation to the petitioner. The relevant paragraph in the writ petition which required answer from the respondent is paragraph 7 which reads as under : "That the land plot belongs to the petitioner was possessed by the respondent authorities in the year 1991-92 and the construction over the land plot in dispute, tubewell for irrigation purposes has already been made and the notification pertaining to acquisition was made on 16th April, 1996 under Section 4 (1) of the Act. True copy of U. P. Gazette dated 16th April, 1996 which is pertaining to publication of notification is being filed herewith and is marked as Annexure-5 to the writ petition."
(3.) Paragraph 8 of the counter-affidavit filed by Sri Sandeep Kumar Sharma as also paragraph 8 of the counter-affidavit filed by Indra Dev Prasad read as under : "That the contents of para 7 of the writ petition are admitted to the extent that the land in question was taken by Tubewell Department. It is also admitted that Section 4 notification was also published. (Emphasis by Court);