LEELA GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner has prayed for a mandamus directing respondents to pay compensation to the petitioner for acquisition of the disputed land under the Land Acquisition Act with interest and solatium.

(3.) IT is not disputed that the land was exempted from the Urban Land (Ceiling and Regulation) Act by order dated 11.5.1987 (Annexure -3 to the writ petition). It appears that the land was declared surplus by the competent authority under Urban Land (Ceiling and Regulation) Act on 19.6.1992 but in our opinion this order was wholly void because the land was already exempted earlier under Section 20 of the Act. In fact as letter dated 1.12.1999 (Annexure -6 to the petition) was issued by the Secretary U.P. Government to the Collector, Moradabad, to make payment to the petitioner in accordance with Land Acquisition Act, but as yet no compensation has been made to the petitioner.