ISHWAR CHAND Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners; the learned Standing Counsel for the State-respondents; and perused the record.

(2.) The case of the petitioners is that their ancestors were owners of plot nos. 238, 239, 340, 242, 243, 245 and 246 at village Saidbhar, Tehsil and District Baghpat. For construction of road from Sarai Mod (turn) of Baghpat road to Binauli, having a length of 16.45 kms, acquisition of land in favour of Public Works Department (PWD) was made sometime in the year 1980 with assurance that fair compensation would be offered to the land owners. The land of petitioners' ancestors was utilised for the purpose but no compensation was paid/ awarded to them. However, on the representations of the petitioners, on 19.01.2004, a Committee was constituted to look into the issue but the Committee took no action. As result, the petitioners continued to represent their cause. It is alleged that on 01.09.2010 in respect of some other plots, an award was passed in favour of one Smt. Angoori. Therefore, again, representations were made for payment of compensation but to not avail. Later, a survey was conducted in the year 2017 to ascertain whether the land of petitioners' ancestors was utilised for the road. The Survey report dated 20.06.2017 confirmed that the land was utilised. Thereafter, on representations, the matter was taken up again and, under the order of District Magistrate, Baghpat dated 25.06.2018, a five-member Committee was constituted to submit a report. The Committee submitted an ex parte report, dated 10.02.2021, of which copy was not provided. Acting on the report dated 10.02.2021, by the impugned order dated 12.02.2021, the representations/claims of the petitioners were rejected by the third respondent (Additional District Magistrate (Finance & Revenue), Baghpat).

(3.) A perusal of the impugned order dated 12.02.2021 would indicate that as per the report dated 10.02.2021 the road, namely, Binauli Baghpat Sarai Marg was built in between 1972 and 1984. Its length is 16.43 kms. The survey indicated that 2.13 hectare of land of the villagers of village Saidbhar was affected by construction of the road. It is stated in the report that the ancestors of the petitioners, keeping in mind the constraints of the existing chak- road and the benefits of a wider road, had voluntarily contributed small portions of their land for construction of the road and with their contribution and participation, a 12 meter wide road could be built which had been in existence for last nearly 40 years. The report further indicated that though the claimants claim the width of the road as 80 feet i.e. 34.2 meter but, on spot, the road is 12 meter wide. On the basis of this report, the third respondent, by placing reliance on a decision of the Apex Court in Syed Maqbool Ali vs. State of U.P. , 2011 15 SCC 383, upon finding that the claim was highly belated; that the ancestors raised no objection; and that the road was constructed for the benefits of the villagers with their consent, rejected the representation of the petitioners as not maintainable.