RAJESH CHANDRA Vs. STATE OF U. P.

JUDGEMENT

(1.) The petitioners herein, claim to be residents of House No. 74 Bheekampur, Dayalpur, Tehsil and District Auraiya and stated to be owners of Arazi No. 558 area 0.041 hectares situated at Mauza/Pargana Bheekampur Tehsil and District Auraiya and claim that their names are recorded in the revenue records namely Khatauni for the fasli year 1428-1433. A perusal of the copy of the Khatauni appended as Annexure-'1' to the writ petition, indicates that the names of the petitioners, herein, have been shown as the owners of Gata No. 528 area 0.041 hectare.

(2.) The contention in the writ petition is that the land in question was acquired for the construction of National Highway widening of 2 lane to 4 lane NH-II, in the year 2015-2016. The notice under Sec. 3G(4) of the National Highway Act, 1956, fixing 7/5/2018 was issued to the petitioners inviting their objections by the competent authority. It is further stated that in compliance of the said notice, petitioners approached the competent authority and submitted the revenue papers to put forth their claim for disbursement of compensation. It was then transpired that the compensation for acquisition of Arazi No. 558 area 0.041 hectare, plot in question has not been determined by the competent authority. The contention is that though the construction of Highway has been completed but compensation has not been provided to the petitioners despite the fact that they have been approaching the respondents for a long time.

(3.) In the counter affidavit filed on behalf of the State-respondents, pursuant to the order dtd. 30/11/2022 passed by this Court whereby reasons were called for from the competent authority to explain for non declaration of award for more than six years, it is admitted that Gata No. 558, area 0.008 hectares had been acquired for widening of NH-II from 4 lane to 6 lane. The acquisition notifications were issued under Sec. 3A and 3D of the National Highways Act, 1956. Out of the land of total 37 villages acquired by the aforesaid notifications, the award for 28 villages had been declared and the proceeding for declaration of award for 9 villages has not been completed. Individual notices were issued to the tenure holders village-wise and the date of hearing fixed by the competent authority has been indicated in para-6 of the counter affidavit of the State. It is stated therein that the objections of the tenure holders have been received and kept on record.