RAM BHAROSE Vs. STATE OF U.P.

JUDGEMENT

(1.) The grievance raised by the petitioner in the present petition is that appropriate compensation has not been paid to him on account of acquisition of his land. The prayer in the present petition is for quashing the order dated November 11, 2020 passed by respondent no. 3 vide which his claim was rejected. Prayer has also been made for quashing the award dated August 17, 2016 passed by Additional District Magistrate (Land Acquisition), Kanpur Nagar. Prayer has been made for payment of compensation in terms of provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "2013 Act").

(2.) Learned counsel for the petitioner submitted that the land of the petitioner was proposed to be acquired by issuing notifications under Sec. 28 of the U.P. Avas Evam Vikas Parishad Act, 1965 (hereinafter referred to as "1965 Act") read with Sec. 4 of Land Acquisition Act, 1894 (hereinafter referred to as "1894 Act") on March 10, 1973. As the provisions of 1894 Act are applicable for acquisition of land under 1965 Act, notification under Sec. 6 was issued on August 27, 1980. The award was announced on August 17, 2016 in terms of the provisions of the 2013 Act. However, assessment of the compensation was not appropriately made. Immediately thereafter on September 6, 2016, the petitioner was advised to file appeal against the award to the Commissioner, Kanpur Division, Kanpur. As the same was not being decided, Writ-C No. 12744 of 2020 (Ram Bharose Vs. State of U.P. and others) was filed in this Court. The same was disposed of on September 8, 2020 with a direction for disposal of the appeal filed by the petitioner. The impugned order dated November 11, 2020 has been passed thereon.

(3.) Referring to the judgment of this Court in Writ-C No. 44720 of 2016 (Krishna Autar and others Vs. State of U.P. and others), prayer is that the compensation payable to the petitioner deserves to be assessed in terms thereof.