SAKHA HUSAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Instant writ petition under Article 226 of the Constitution of India, has been preferred for issuance of a writ in the nature of mandamus to direct the respondents to pay compensation along with interest at the rate of 18% per annum in lieu of land acquired for construction of link service road parallel to the National Highway Lucknow-Faizabad. Submission of petitioners' counsel is that in spite of lengthy communications between the department and the State government and admitting the liability to pay compensation, the same has not been paid.

(2.) Plot No.903, measuring area 4 Biswa in village Abu Sarai is recorded in the petitioners' name. Out of 4 Biswa, an area of 16 Biswansi of land of plot No.903 was taken into possession by the respondents Public works Department for construction of link service road parallel to the National Highway Lucknow-Faizabad. Acquisition of petitioners' land measuring 16 Biaswansi, has been verified and affirmed for construction of link service road in pursuance of survey report dated 13.6.2001. The Executive Engineer, Public Works Department, Prantiya Khand, Faizabad, by his letter dated 30.1.2003 (Annexure No.1 to the writ petition), made a request to the District Magistrate, Faizabad to pay compensation. By another letter dated 25.5.2007 (Annexure No.2 to the writ petition) the Executive Engineer, Public Works Department, Prantiya Khand, Faizabad, made assessment and sent proposal dated 24.5.2007 along with the letter dated 25.5.2007 for payment of compensation with regard to 16 Biswansi of land which is Rs.3,13,658.00. The operative portion of the proposal dated 24.5.2007 enclosed with the letter dated 25.5.2007 , is reproduced as under:-

(3.) The letter dated 19.6.2008 filed as Annexure No.4 to the writ petition sent by the Chief Engineer to the Special Secretary, Lok Nirman Anubhag-2, U.P. Government, Lucknow and the letter dated 26.8.2009 sent by the Special Land Acquisition Officer, Faizabad to the Executive Engineer, Prantiya Khand, Lok Nirman Vibhag, Faizabad (Annexure No.5 to the writ petition) and other documents, establish with regard to liability of payment of compensation to the tune of Rs.3,13,658.00 to the petitioners in lieu of acquisition of 16 Biswansi of land .