SANT LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the order dated 6 January 2018, passed by the Competent Authority/Additional District Magistrate(Finance & Revenue), Ghazipur, whereby, in respect of the land of tenure holders that has been acquired for the purposes of widening of the National Highway No.29, the private respondent no.4 has been held to be entitled for payment of compensation.

(2.) Heard learned counsel for the petitioner, learned Additional Solicitor General of India appearing for respondent no.1, learned Standing Counsel, appearing for respondent no.2 and Sri Devendra Kumar, learned counsel appearing for respondent no.3-National Highways Authority of India.

(3.) The case of the petitioner is that the petitioner and private respondent no.4 are co-sharers of Plot No. 47-Ba, area 0.3640 hectares situated in village Meerpur, Pargana Pachotar, Tehsil and District Ghazipur. For the purpose of widening of National Highway No. 29, the land of the petitioner was acquired. The respondent no. 4 filed an application before the Competent Authority stating that he is entitled to payment of compensation in respect of the entire land so acquired. The petitioner filed his objection to the same. The petitioner had stated before the Competent Authority that he had executed a registered sale deed in favour of private respondent no.4 of a part of land of Plot No. 47-Ba only in respect of an area of 0.164 hectares out of 0.3640 hectares on 24 May 2004 but the private respondent no.4 claimed himself to be owner of the entire land of plot no. 47.