GURUDWARA COMMITTEE, CHAKERI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner in this writ petition is seeking quashing of the order dated 21.09.2012 passed by the Prescribed Authority under the National Highways Act, 1956 (hereinafter referred to as the Act, 1956) under Section 3 -H (4) and the order dated 05.12.2014 passed by the Additional Judge, Kanpur Nagar.

(2.) BRIEFLY stated the case of the petitioner is that he is the owner of two plots, namely, plot no.48 measuring 53.55 sqm. and another plot no.49 measuring 136.50 sqm. situated in Village Safipur, Kanpur Nagar which he purchased from one Kallu by means of a registered sale deed dated 06.11.1952. The said two plots were acquired for widening of the National Highway No.25. The compensation for the two plots was determined at Rs.42,89,237/ -. There being several claimants a notice was issued to the President of the Guru Singh Sabha Harjender Nagar, President Gurudwara Committee, Chakeri, Aerodrome, Kanpur Nagar, Niyantrak Pradhikari, Principal Harjender Nagar Inter College and the Manager, Khalsa Vidyalaya Sabha Harjender Nagar. No notice is stated to have been issued to the petitioner and the petitioner remained in the dark about the proceedings. On 21.09.2012 the impugned order was passed by the Authority under Section 3 -H (4) of the Act, 1956 making a reference to the District Judge, Kanpur Nagar. When the petitioner came to know about this, he filed a claim petition on 18.01.2013 with a prayer for a declaration that he was a person entitled to receive the compensation amount. Along with the claim petition the petitioner is stated to have filed the Khatauni 1360 Fasli of village Safipur, Tehsil and District Kanpur Nagar in respect of Khata No.12 and also the copy of the registered sale deed dated 06.11.1952. He also filed a copy of the registered sale deed which was executed in favour of the Khalsa Degree College by the petitioner on 25.09.2006. The reference was heard by the Additional District Judge, Court no.24, Kanpur Nagar along with the claim petition of the petitioner. The petitioner's claim petition was rejected on the ground that his name was not mentioned as one of the claimants in the reference order and as such his case could not be considered. An allegation has also been made by the petitioner of collusion between the claimant Harjendar Nagar Inter College, Harjendar Nagar, Kanpur Nagar and Guru Singh Sabha, Harjendar Nagar, Kanpur Nagar and it is also stated that an application was filed by the Manager, Harjendar Nagar Inter College, Harjendar Nagar, Kanpur Nagar who gave up his claim and prayed that the amount be awarded in favour of the Gurdwara, Guru Singh Sabha, Harjendar Nagar, Kanpur Nagar and in pursuance of the said collusive compromise the impugned order dated 05.12.2014 was passed directing that the amount of compensation be paid to the Gurdwara, Guru Singh Sabha, Harjendar Nagar, Kanpur Nagar.

(3.) THE case of the petitioner, further, is that according to the competent authority notice was issued to the petitioner (as stated in paragraph 14 of the writ petition) and the name of the petitioner was also mutated in the revenue records in pursuance of the sale deed dated 06.11.1952 and therefore making a reference only in respect of two organisation, namely Harjendar Nagar Inter College, Harjendar Nagar, Kanpur Nagar and Guru Singh Sabha, Harjendar Nagar, Kanpur Nagar was illegal and without jurisdiction. It is also stated that the sale deed was in the name of Gurdwara Committee, Chakeri, Aerodrome, Kanpur Nagar and the claim of Gurdwara Committee was also mutated in the revenue records and therefore the dispute at the most could only be between the petitioner and the Khalsa Girls Degree College in whose favour a lease deed was executed by the petitioner on 25.09.2006.