KALIB RIYAZ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jay Prakash Singh, learned counsel for the petitioners as well as learned Standing Counsel for the State respondents.

(2.) Grievance of the petitioners is that though certain lands were acquired vide Notification under Section 6(1) of the Land Acquisition Act, 1899, issued on 13. 04. 1993, for construction of bye-pass road in District Sultanpur at Utraula - Faizabad - Allahabad State Highway from 127. 2Km to 139. 950Km of Lucknow - Varanasi Road. After acquisition an award was passed on 25. 01. 1995, thereafter, in pursuance to letter dated 12. 05. 1995, issued by the then District Magistrate, Sultanpur, the concern Engineer of Public Works Department, Sultanpur vide letter dated 19. 05. 1995 informed that Gata No. 255 is still outside of the acquired land of the PWD Department and therefore, there is no occasion to send separate proposal for acquisition of the aforesaid land.

(3.) On 30. 05. 2012, a case under Section 41 of the Act, 1899 was filed before the Court concerned for demarcation of Gate No. 255, in pursuance to which re-demarcation was made and report was submitted by the Revenue authorities and on the basis of which the then Presiding Officer passed an order dated 19. 02. 2015, mentioning that Gata No. 255 is situated inside the boundary of the by-pass road. Therefore, an order/communication dated 12. 02. 2016 was passed by the Revenue authority on the basis of the aforesaid report. Challenging the aforesaid communication this writ petition has been filed praying payment of compensation to the petitioners in respect of area 0. 164 hectares which is part of Gata No. 255 and which was never acquired for construction of by-pass road.