SHIVA NAND GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a case where it is admitted by the respondents that the land of the petitioners was taken over by the State authorities more than three decades back on 1.3.1978 without resorting to the procedure of acquiring the land under the Land Acquisition Act or by adopting any other procedure prescribed in law. It shows complete high-handedness of the State-authorities in depriving the petitioners, who are villagers, of their land without following the procedure of law. It is not expected of the State authorities to illegally take over the land of any citizen and sit tight over the matter, and it is only after a marathon innings of struggle by the land owners, in chasing their case before the State-authorities and filing writ petition in this Court, that the respondents now come up with the case that during the pendency of this writ petition the consent has been taken from the petitioners in the year 2010 to the effect that they would be agreeable to accept the compensation at the circle rate in terms of the G.O. dated 29.9.2001. Such agreement had been arrived at only after this Court had passed an order on 4.5.2010 to the effect that the respondents shall ensure payment of compensation to the petitioners for the land which had been taken over by them, or to show cause by the next date. Thereafter on 26.5.2010, 8.7.2010, 3.5.2013 and 14.5.2013 this Court had passed the following orders:-

(2.) The said order has not been complied with.

(3.) Learned Standing Counsel states that the Principal Secretary, Ministry of Public Works Department had already sent the proposal for payment of the compensation and the payment of compensation would be made to the petitioners very shortly.