MUKAND SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) UNDISPUTEDLY , residential as well as agricultural land of the petitioners and 58 other residents of village Bauradi, New Tehri, District Tehri Garhwal were acquired for the Tehri Dam Project between 1980 to 1988. It means, there were 80 displaced persons of village Bauradi including the petitioners. 58 displaced persons (non -petitioners) were given two acres of agricultural land, one residential plot of 200 sq.mts. in District Dehradun and one residential plot of 400 sq.mts. each in village Bauradi on the upper side, which was not affected by the construction of Tehri Dam. However, all the petitioners under the agreement with Tehri Dam officials agreed to forgo agricultural land and residential plots to be allotted to them in Dehradun and instead agreed to take compensation for the land acquired at the rate of Rs. 7200/ - per nali for first class land and at the rate of Rs. 4800/ - per nali for the second class land, along with 30 per cent solatium and residential plot to each of them in village Bauradi. An agreement was executed between the petitioners and the officials of the Tehri Dam on 15.9.1987 and all the petitioners were paid cash compensation for their land acquired on the agreed rate. Over and above the compensation and solatium paid to the petitioners, all the petitioners were also allotted residential plot of 400 sq.mts. each in village Bauradi. Since, petitioners agreed to forgo to have two acres agricultural land and another residential plot each, in district Dehradun, therefore, same were not allotted to the petitioners. After some time, petitioners made request to the authorities to allot residential plot to each of the petitioners in Dehradun. On the request of the petitioners, Authorities agreed to allot residential plot of 200 sq.mts. to each of the petitioners, on payment of Rs. 13,000/ - for each plot. Petitioners gave their consent to the proposal of the respondent. Consequently, all the petitioners were allotted residential plot of 200 sq.mts. each at Banjarawala, District Dehradun on payment of Rs. 13,000/ - for each plot and possession thereof was given to the petitioners on 12.12.2000. Undisputedly, petitioners are still in actual possession of the plots allotted to them.

(2.) THEREAFTER , all of a sudden, plots allotted to the petitioners were cancelled without there being any notices to the petitioners, vide order dated 6.9.2001. Order dated 6.9.2001 was challenged before this Court in Writ Petition No. 7069 of 2001 (M/S), which was disposed of vide judgment dated 18.7.2006, thereby quashing the cancellation order dated 6.9.2001 giving liberty to the respondent no. 1 to pass orders afresh after hearing the petitioners/allottees. Thereafter, impugned order dated 31.10.2006 was passed saying petitioners themselves have agreed to forgo their rights to have agricultural and residential plots in District Dehradun on the condition of payment of higher compensation along with solatium for their land. Therefore, petitioners were paid higher compensation and were allotted one plot each in village Bauradi, hence, petitioners were not entitled for the allotment of plots in Banjarawala, District Dehradun. Thus, allotment made in favour of the petitioners was illegal and bad in law. Feeling aggrieved, petitioners have filed present petition.

(3.) IN view of the undisputed fact, as narrated hereinbefore, the plot of 200 sq.mts. was allotted to each of the petitioners in village Banjarawala, District Dehradun having received cost thereof amounting Rs. 13,000/ - for each plot, therefore, it is not open to the respondent to say that each petitioner was allotted plot by the Department for rehabilitation contrary to the agreement entered between the petitioners and the State Government.