HARMAHENDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Aditya Singh, learned counsel appearing on behalf of the appellant-writ petitioner and Mr. B.S. Parihar, learned Standing Counsel appearing on behalf of the State Government and, with their consent, the Special Appeal is disposed of at the stage of admission.

(2.) This appeal is preferred against the order passed by the learned Single Judge in Writ Petition (M/S) No. 1076 of 2019 dtd. 26/4/2019. The appellant herein filed Writ Petition (M/S) No. 1076 of 2019 seeking a mandamus commanding the respondent-State to conduct an inquiry into the compensation given for the acquired land of the appellant-writ petitioner to another person; and a mandamus commanding the respondents to grant compensation to the appellant-writ petitioner in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(3.) In the order under appeal, the learned Single Judge observed that the subject land was acquired way-back in the year 1988 under the Land Acquisition Act, 1894; it was the appellant-writ petitioner's case that, though the acquired land belonged to him, the entire compensation had been given to another person; the person, who is alleged to have taken the entire compensation for the subject land has not even been impleaded in the writ petition as a party; the appellant-writ petitioner had slept over his rights; no explanation had been furnished for the delay; and, except for a bald averment that he was following up the matter with the authorities, no details had been furnished. The writ petition was dismissed.