KAMLA SHANKAR Vs. STATE OF U.P.

JUDGEMENT

(1.) By this bunch of writ petitions, petitioners have approached this Court challenging the orders dtd. 15/9/2015, 1/10/2015, 8/10/2015 and 20/4/2017 passed by the learned Additional District Judge Bhadohi, Gyanpur in five different compensation proceeding under the judgment and order of this Court dtd. 14/10/1999 passed in case of 'Durga Prasad and others Vs. State of U.P. and Others', 1999 (37) ALR 764. By the impugned orders, the learned District Judge has fixed the compensation payable to the petitioners for their land taken without following the due process of law.

(2.) Brief facts of the case are that irrigation department of the State of U.P. required some land to develop a canal. The State Government illegally occupied the land of petitioners and used it for the same. The illegal occupation by the State Government was made between the year 1978 and 1980. The notification under the Land Acquisition Act, 1894[1] and the due process of law was not followed by the State authorities. Subsequently on 12/4/1984 and 18/1/1986 notification under Sec. 4(1) of the Act of 1984 were issued with regard to the lands of other villagers that was required for the same canal. Petitioners were also not provided any fair compensation for the lands which were unauthorizedly occupied. Aggrieved by the illegal act of the State, some of the land owners filed a writ petition bearing Civil Misc. Writ Petition No.32729 of 1998; ''Durga Prasad and Others Vs. State of U.P. and Others' before this Court. The Court directed a C.B.I. inquiry in the matter. In the report submitted by C.B.I. on 15/9/1999, large number of irregularities were pointed out. This Court disposed of the petition finally by its judgment dtd. 14/10/1999. Paragraph-21 and 22 of the said judgment containing the direction of the Court reads:-

(3.) Thus, the Court required the District Judges concerned to decide the claim of the persons which were decided and are now under challenge in the present writ petitions before this Court.