RAM DEV Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has prayed for issue of a writ of mandamus directing the respondents to consider the claim of the petitioner for grant of equivalent land in lieu of land held by him in village Haliyadi comprised in Khata No. 835 Khasra No. 2712, 2714 and 3232 i.e. 3 Gathe and the total area measuring 0.164 hectare and the land comprised in Khata No. 323 Khasra No. 2753/1 measuring 0.0760 hectare or in the alternative give him compensation at market rate.

(2.) THE petitioner's case in short is that he is the recorded tenure holder of the aforementioned plots, but since the petitioner is residing in the State of Haryana, the Government of U.P. has taken away his property without paying any compensation to him. It has also been averred in the writ petition that the aforementioned property came to be acquired under the river bed and the same now vests with the Government. The revenue record still stands in the name of the petitioner, but actually his land is being utilized by the Government so as to give it to the fishermen and the Government is making income at the cost of the petitioner. He has also made representation on 16.8.2007, but no action was taken.

(3.) THE opposite parties while controverting the averments made by the petitioner in his writ petition, filed counter affidavit admitting that the plots in question are recorded in the name of the petitioner, but it was submitted that the Gata No. 3232 is now fully submerged in Gomti River, while Gata No. 2713 and 2714 are ponds on the spot and are filled with the water. It was further contended that no acquisition proceeding was done in respect of the aforementioned Gatas. In respect of Gata No. 2753/1, it was contended that it is an agricultural land, but the same is lying vacant. The residential house of the petitioner is about 500 meters away from Gomti River, A report of the Lekhpal was also annexed with the counter affidavit.