GHANSU Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of present petition, the petitioners, who are 05 in numbers, are seeking a direction to the respondents either to clear the land in question or to pay suitable compensation of their land, which is submerged due to construction of water reservoir situated at Gwalior Road, Jhansi commonly known as ''Pahunj Band Pariyojna'.

(2.) Brief facts of the case are that the petitioners are stated to be the occupants of the land in question as hereditary tenant having bhumidhar with transferable rights after commencement of U.P. Zamindari Abolition and Land Reforms Act, 1950. The detailed descriptions of the land relating to the petitioners have been mentioned in para 4 of the present petition. It is stated that in the year 1909, a water reservoir commonly known as ''Pahunj Band Pariyojna' situated at Gwalior Road, Jhansi, was constructed with the consent of villagers, on account of which some land was permanently submerged and some land was used for water flow during rainy season. The petitioners are claiming compensation on account of loss of their crop / submerged land caused by water reservoir.

(3.) The learned counsel for the petitioner urged that the petitioners are recorded owner of their respective land, which are affected by conservation of water more than the prescribed limit due to which the land in question have been submerged. As the land in question was never acquired, the petitioners are claiming compensation for the loss. For the said purpose, the petitioners had made objection before the concerned authority but of no avail. The petitioners also made several representations in this respect but no action was taken. It has been further stated that the petitioners are deprived from cultivation of their valuable land as such suitable compensation may be awarded to them for their loss. It is further urged that since the height of the water reservoir has been raised, the petitioners are facing hardship and due to which they seek a direction to the respondent authority to pay adequate compensation for the loss.