PRAVEEN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) SHORT counter-affidavit filed today by the opposite parties is admitted to record. Heard Mr. B. K. Singh, learned counsel for the petitioner and Mr. Manjieve Shukla, learned Standing Counsel. With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself. The grievance of the petitioner is that without acquiring and requisitioning the land, the opposite parties-Irrigation Department are going to construct bandh (dam) and siphon over the plot no. 502 area 1.700 hectare of Village Jyonar, Pargana, Tahsil & District Balrampur and plot Nos.1834 and 1835 area 0.8210 hectare of Village Belwa Sultanjot, Pargana Tehsil, District Balrampur, which are recorded in the name of the petitioner and his brother. Mr. Manjieve Shukla, learned Standing Counsel states that there is no proposal for construction of bandh (dam) and siphon over plot Nos. 1834 and 1835. As a matter of fact, the plot No.502 of village Jyonar, District Balrampur is recorded in the name of the petitioner and his brother Rakesh Kumar and the total area of the aforesaid plot is 1.700 hectare. Only a small portion of the said plot, i.e. 0.144 hectare is required for construction of the aforesaid bandh (dam). Apart from the above land of plot No. 502, the land belonging to other persons is also required and as such, a decision was taken to purchase the lands required for construction of bandh (dam) by mutual consent of the farmers. Therefore, a proposal was prepared. For the land measuring 0.144 hectare of plot No.502 the petitioner and his brother are to be paid Rs.31,320/- each. The other farmers of the area agreed to sell their lands, but the petitioner refused to accept the aforesaid amount. From the record, it also comes out that in respect of the same plot, the petitioner and his brother have also filed a Civil Suit No. 201 of 2009 before the Civil Judge (Junior Division), Balrampur for permanent injunction. This Suit is still pending. In the short counter-affidavit, Sri Rakesh Kumar Singh, Assistant Engineer - III, Sub-Division, Drainage Division, Siddarth Nagar has given a statement that the land of the petitioner of plot No. 502 situated in village Jyonar, District Balrampur will be taken for construction of aforesaid bandh (dam) either through mutual consent or if the Government, so desires, land will be acquired under the provisions of Land Acquisition Act. In view of the aforesaid statement given by the Assistant Engineer - III, no interference is required in the matter. The writ petition stands disposed of in above terms. In case, nature of land has been changed, it will be open for the petitioner to approach the appropriate forum for redressal of his grievances.