VIJAI GAUTAM Vs. DISTRICT JUDGE,BULANDSHAHR AND OTHERS

JUDGEMENT

(1.) THIS interesting writ petition has been filed by the petitioner seeking a writ in the nature of mandamus directing the respondent No. 1 to decide the execution Case No. 201 of 1995, Vijai Gautam and Others. v. State of Uttar Pradesh and Others or in the alternative, the respondent Nos. 2 to 5 be, directed to pay compensation to the petitioner as awarded by the District Judge, Bulandshahr by his order dated 2-12-1994.

(2.) THE petitioner's grievance is that the land of plot No. 247 area 6-91-1 bighas situate in village Haldona, Pergana. Dadari, Tahsil Sikandrabad, District Bulandshahr was acquired by the State of Uttar Pradesh under the provisions of the Land Acquisi­tion Act, 1894 (hereinafter referred to as Act) for the purpose of industrial plan development of Greater NOIDA The District Judge, Bulandshahr passed an award on 2-12-1994 awarding compensation at the rare of Rs. 39.50 per sq. yard contained in Aanexure-1 to the writ petition.

(3.) THIS Court summoned the responsible officers of the respondents on so many days and ultimately a supplementary affidavit was filed by Sri Rajesh Kumar Singhal Special Land Acquisition Officer, Bulandshahr. It is revealed from the facts that the notification under Section 4(i) of the Land Acquisition Act was issued on 17-3-1989 and the possession of the land was taken on 31-10-1990. The acquiring body, i.e. the Greater NOIDA Development Authority) deposited the estimated cost of the ac­quisition in P.L.A. account of the District Magistrate which was to be paid to the claimant as per the award given by the Collector, Bulandshahr under Section 11 of the Land Acquisition Act. It appears that the claimant-petitioner moved an applica­tion under Section IS of the Land Acquisition Act which was decided by the learned District Judge, Bulandshahr by his order dated 2-12-1994. The compensation was enhanced to the tune of Rs. 6,15,711.03 and on the aforesaid amount the interest and solatium, an amount of Rs. 15,84,751.50 was paid to the petitioner on 16-1-1996, after filing of the above writ petition and to obey the order of this Court by way of diverting the amount which way lying in the P.L.A. account. Later on, an application has been filed by the petitioner to withdraw the amount.