MUTUNI Vs. COLLECTOR SANT RAVI DAS NAGAR

JUDGEMENT

(1.) The petitioner is the Bhumidhar of Plot No. 437 (area 0-3-0) and Plot No. 438 (area 0-7-5) situated in Village Lakhanpur alias Abhayanpur, Tehsil Bhadohi, District Sant Ravidas Nagar. The total area of the aforesaid plots is 10 bissa 5 dhur (0-10-5). The said fact is supported by the Khatauni of the plots annexed as Annexure No. 1 to the writ petition. In 1998, the State Public Works Department, Gyanpur, District Sant Ravidas Nagar, Bhadohi took possession of the aforesaid plots for construction of Morwa Bridge on Bhadohi - Varanasi Road without acquiring the plots and without following the procedure prescribed in the Land Acquisition Act, 1894 (hereinafter referred to as, 'Act, 1894') or in any other relevant statute. No compensation was paid to the petitioner for the aforesaid plots despite repeated representations by the petitioner to the State Government and its officers. The petitioner filed C.M. Writ Petition No. 17681 of 2002 in this Court which was disposed of by order dtd. 29/4/2002 directing the Collector / District Magistrate, Sant Ravidas Nagar to decide the representation submitted by the petitioner for payment of compensation. In response to the order dtd. 29/4/2002, the Special Land Acquisition Officer, Sant Ravidas Nagar, District Bhadohi, vide order dtd. 11/8/2003, summoned a report from the Tehsildar, Sant Ravidas Nagar, Bhadohi and the Executive Engineer, State Public Works Department. A report dtd. 5/9/2003 was submitted before the Special Land Acquisition Officer noting that Morwa Bridge and road had been constructed by the Public Works Department over the whole of Plot Nos. 437 and 438. Consequently, the total area of Plot Nos. 437 and 438, of which the petitioner was the Bhumidhar, was in possession of the Public Works Department and the petitioner stood dispossessed from the plots. Subsequently, the Special Land Acquisition Officer vide his letter dtd. 16/9/2003 requested the Executive Engineer, State Public Works Department to pay compensation to the petitioner. An order dtd. 5/11/2003 was also passed by the Collector holding the Public Works Department responsible to pay compensation to the petitioner.

(2.) However, despite the aforesaid orders and letters written by different officers, the petitioner was not paid any compensation. Hence, the present petition was filed praying for a mandamus directing the respondent no. 3, i.e., the Executive Engineer, Public Works Department (P.W.D.) to pay compensation to the petitioner for the plots at the present market rate along with solatium, interest at the rate of 12% and additional interest and also for payment of special damages to the petitioner for not paying compensation to her till date.

(3.) On 28/11/2008, the following order was passed by the Court :-