INDRA Vs. UNION OF INDIA AND 04 OTHERS

JUDGEMENT

(1.) By means of this writ petition, the petitioner seeks quashing of the order dated 5 February 2018 passed by the Special Land Acquisition Officer, Azamgarh (hereinafter referred to as the 'Competent Authority'), whereby, respondent no. 5-Wali Devi w/o Ram Dhari has been found entitled for payment of compensation in respect of Gata No.- 13 situated at Village Gurkhanni, Pargana Atrauliya, Tehsil Budhanpur, District Azamgarh.

(2.) The facts stated in the writ petition are that the father of the petitioner was very old and the respondent no. 5-Wali Devi got prepared forged and fabricated Hibbanama (gift deed) as well as will deed that was alleged to have been executed by the father of the petitioner and respondent no. 5, thereafter, got the mutation done on the basis thereof. The petitioner, thereafter, filed a suit being O.S. No.- 56 of 2008 in the Court of Civil Judge (Senior Division), Azamgarh for cancellation of the gift deed and Will deed. In this suit, the respondent no.-5-Wali Devi also filed her written statement and the suit is stated to be pending. It appears that when the petitioner came to know about the proceedings for acquisition by the National Highways Authority of India acquiring the land of the petitioner's father bearing Gata No.-13 situated at Mauza Gurkhanni, Pargana Atrauliya, Tehsil Budhanpur, District Azamgarh, she filed objections to the same claiming entitlement to receive the compensation for the land so acquired. The Competent Authority observed that the gift deed/Will deed has not been cancelled by any Competent Court and as such the payment of compensation to the respondent no. 5-Wali Devi cannot be stopped. This order has been challenged in the present writ petition.

(3.) Heard learned counsel for the petitioner, Shri Pranjal Mehrotra, learned counsel appearing for respondent no. 3-National Highways Authority of India and learned Standing Counsel appearing for respondent nos. 2 and 4.