KRISHNA AUTAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioners have approached this Court challenging the Government Order dated 01.06.2015 issued by the Up-Sachiv, U.P. Government (Revenue Department-13), Lucknow, Circular dated 10.06.2015 issued by the Commissioner and Director, Land Acquisition Directorate, Board of Revenue, U. P. Lucknow, Order dated 05.12.2015 passed by Collector Moradabad, Order dated 07.12.2015 passed by Special Land Acquisition Officer, Moradabad and the consequential award dated 22.03.2016 passed by Special Land Acquisition Officer, Moradabad.

(2.) In pursuance of the aforesaid Government Order, Circular and consequential orders a writ of mandamus has also been claimed to command the respondents to pay the compensation to the petitioners in consonance with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 treating the cut off date for determination of compensation as 01.01.2014 when the Act 2013 was enforced.

(3.) Aforesaid relief is being claimed in the background of the following facts:- Petitioner nos. 1, 2 and 3 and predecessor of petitioner nos. 4 and 5 were co-owner in possession of Plot No. 293 situate in Village-Sonakpur, Tehsil and District Moradabad. The aforesaid plot along with certain other land was subject matter of acquisition under the provisions of Land Acquisition Act, 1894. Notification under Sec. 4 (1)/17 of the Land Acquisition Act 1894 was issued on 16.08.1994 and declaration was made on 27.10.1995. The notifications were challenged by the petitioners by filing two writ petitions i.e. Writ-C No. 37125 of 1995 Krishna Autar and others Vs. State of U.P. and others and Writ-C No. 3553 of 1996 Sri Naresh Chandra Agrawal and others Vs. State of U.P. and others.