ABHAI KUMAR RAI Vs. STATE OF U P

JUDGEMENT

(1.) It is a strange case where an innocent citizen living in interior of an underdeveloped village is being deprived of his agricultural land on the ground of establishing an irrigation canal but compensation has not been paid to him since the year 1981. Petitioner has to rush up to this Court for the second time even though the first order dated 29.11.1996 directed the payment of the compensation to be made expeditiously vide orders in Writ Petition No. 37926 of 1996 quoted in paragraph 3 of the instant writ petition. When this writ petition was filed before this Court, a counter-affidavit was called because the pleadings were on the part of an helpless innocent citizen. While calling the counter affidavit. therefore, an interim mandamus was also issued which was to the following effect :

(2.) In response, two counter-affidavits have been filed. One has been sworn by Sri Sandeep Kumar Sharma who is presently posted as Additional District Magistrate. Sant Ravi Das Nagar, Sri Indra Dev Prasad presently posted as Assistant Engineer Tubewell Maintenance Division Bhadohi, District Sant Ravi Das Nagar has sworn the second counter-affidavit. The contents of both these counter-affidavits are identical in terms. The difference existed only in some of the averments, which are not relevant for the purpose of the deciding the question of payment of compensation to the petitioner. The relevant paragraph in the writ petition which required answer from the respondent is paragraph 7 which reads as under :

(3.) Paragraph 8 of the counter-affidavit filed by Sri Sandeep Kumar Sharma as also paragraph 8 of the counter-affidavit filed by Indra Dev Prasad read as under : "That the contents of para 7 of the writ petition are admitted to the extent that the land in question was taken by Tubewell Department. It is also admitted that Section 4 notification was also published. (Emphasis by Court)