PREM CHAND SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) IT appears that the possession of the petitioners' land being Khasra No. 288, 248, 223 and 292 situated in village Raghunathpur, Tehsil Phoolpur, district Allahabad was taken over by the respondent in the year 1986 but as yet no compensation has been paid for the same. Also no notification under Sections 4 and 6 of the Land Acquisition Act has been issued in respect of the same. No notification under the provisions of the U.P. Rural Development (Requisition of Land) Act, 1948 has been placed before us. Article 300-A of the Constitution of India states:

(3.) THIS writ petition is allowed. The respondents are directed to restore the possession of the land of the petitioners to them forthwith. If the respondents do not restore the possession to the petitioner then full compensation as per the Land Acquisition Act must be paid to the petitioners within six months from today and this will be determined by the District Judge, Allahabad within four months from today. THIS compensation will include the full market value, additional solatium under Section 23 (1-A), Solatium under Section 23 (2), as well as interest at the rate of 15% from the date the possession was taken over till the date of its actual payment. The respondents must also pay damages/cost to the petitioners for depriving them of their land for 18 long years and they must also pay exemplary costs. In addition to above amounts, the respondents must pay to the petitioners Rs. 2 lacs as exemplary costs which shall be distributed to each of the petitioners in accordance with the area of their land, which was taken over by the respondents. Petition Allowed.