PUSHPA SOTI Vs. STATE OF U P

JUDGEMENT

(1.) By the Court. Heard Shri P.N. Saxena, learned counsel for the petitioner. Learned Standing Counsel appears for all the State-respondents.

(2.) This writ petition was filed on 22nd September, 1993 with prayers to direct the respondents to pay compensation for taking over possession of 0.214 acres of land of plot No. 20 of Village Shehbazpur Khana, Tehsil and District Bijnor along with interest in accordance with the Government Order dated 2.6.1981 (Annexure No. 1) and 16.11.1985 (Annexure No. 2) within a period specified by the Court.

(3.) Briefly stated the facts of the case given in the writ petition are that in order to construct the East Ganga Canal Project in the year 1982 the Government of U.P. issued notification under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short the Act) on 26.8.1982 and 7.9.1982 respectively, to acquire 4.881 acres of land including 0.577 acres of land of plot No. 20 belonging to the petitioner. The Irrigation Department, however, took possession of a larger area than the are acquired under the Act. A re-survey was made in the presence of the project authorities in which it was found that they have taken over 0.214 acres of the same plot, in excess to the notified area.