SMT. YASHODA DEVI Vs. DISTRICT MAGISTRATE, GORAKHPUR

JUDGEMENT

(1.) Special leave granted.

(2.) Heard learned counsel. There is a reference between the parties, pending under Sec. 17(3)(A) of the Land Acquisition Act, as applicable to the State of U.P., wherein the parties are at dispute as to their respective shares on apportionment. The High Court by means of the impugned order has directed the Special Land Acquisition II Officer to decide the matter within three months from the date of its order. It appears that the District Judge, Gorakhpur, to whom the matter stood referred; on his part, has not arrived at a decision and the Land Acquisition Officer i could do nothing about it. Having regard to the facts and circumstances of this case, we direct that 40 per cent of the compensation lying with the District Judge, Gorakhpur, shall be paid over to the appellant, another 40 per cent compensation be paid over to respondent no.3, and, the balance of 20 per cent shall keep lying with the District Judge, Gorakhptir. Both the appellant as well as respondent no.3 would be able to withdraw the aforesaid sums on their furnishing adequate security to the satisfaction of the District Judge, Gorakhpur for refund to meet the eventual order of the District Judge, Gorakhpur. The sum may be made available to the District Judge, Gorakhpur, in that event, on his asking. The appeal is disposed of in these terms with no order as to costs.

(3.) Let the apportionment proceedings be decided expeditiously. Writ Petition (Civil) No. 722 of 1992