GAZALA BEGUM Vs. MOHD. MUSARRAF

JUDGEMENT

(1.) Heard learned Counsel for the applicant in support of the application.

(2.) This transfer application has been moved, seeking transfer of Case No. 30 of 2019, Mohd. Musarraf v. State of U.P. and others, from the Land Acquisition, Rehabilitation and Resettlement Authority, Allahabad[1] to any other Court of competent jurisdiction.

(3.) The ground for transfer is that there is no incumbent Presiding Officer functioning as the LARRA. This Court required the Registrar General to submit a report in the matter after verification. It transpires that the fact is correct that there is no Presiding Officer incumbent to discharge the functions of the LARRA for the time being. This Court, however, notices that the LARRA is an "Authority" established by the appropriate Government under Sec. 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013[2] for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement. The said Authority, which can be one or more, is to be established by notification. The appropriate Government is defined under Sec. 3(e)(i) of the Act of 2013 to mean the State Government in relation to acquisition of land situate within the territory of the State. Since the acquisition here relates to a land situate in the State of Uttar Pradesh, the LARRA at Allahabad or elsewhere would be established by the Government of U.P. through a notification. The territorial jurisdiction of the LARRA, wherever established, is also to be specified by the State Government under sub-Sec. (2) of Sec. 50 of the Act of 2013. Sec. 53 spells out the qualifications for the Presiding Officer of the LARRA, which reads :