KRISHNA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present batch of petitions involves similar facts and legal issues, as well as the relief sought, and therefore they have been heard together and are being decided by a common order and judgment.

(2.) The prayer made in all the petitions is for issuance of writ of mandamus, commanding the respondents to release compensation amount for the acquired lands belonging to the petitioners in pursuance of the land acquisition proceedings conducted by the respondents.

(3.) It is admitted by the parties that the petitioners were granted agricultural lease of different parcels of land admeasuring 0.2000/0.3000 hectare, situated in Village Maniyapur, Pargana and Tehsil Narwal, District Kanpur Nagar, on 31/3/2003, after obtaining approval from the competent authority as per the law prevailing at the relevant time. Based on the same, the names of the petitioners were mutated in the revenue records. On 16/9/2009, a complaint was made by one Ram Khilawan, alleging irregularities in the allotment proceedings. It was registered as Case No. 18 of 2009-2010, under Sec. 198(4) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (for short 'UPZALR Act') in the court of Collector, Kanpur Nagar. In the said proceedings, vide order of Collector dtd. 29/6/2015, the allotment dtd. 31/3/2003 was cancelled, holding that various irregularities were committed in granting the patta. The order of Collector dtd. 29/6/2015 was challenged by the allottees in Revision No. 134 of 2015, filed under Sec. 333 of UPZALR Act, read with the provisions of U.P. Land Revenue Act. The revision was allowed by Additional Commissioner by order dtd. 26/10/2016, holding that the power to cancel the leases was not with the Collector, but with the Assistant Collector of the Sub Division Incharge. The order dtd. 26/10/2016 allowing the revision was not challenged by any party and thus it became final.