Court No. - 35 Case :- WRIT - C No. - 45597 of 2010 Petitioner :- Babu Lal And Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Arun Kumar Gupta Respondent Counsel :- C. S. C.,Rajesh Bhargava Hon'ble Vineet Saran,J.
Hon’ble Ran Vijai Singh,J.
Heard learned counsel for the petitioners as well as learned
Standing Counsel appearing for the respondents no. 1 to 3 and Sri
Piyush Bhargava, learned counsel appearing for the respondent no.
4 and have perused the record. With consent of the learned counsel
for the parties, this writ petition is being disposed of at this stage
without calling for a counter affidavit.
The case of the petitioners is that their land was acquired vide
notification dated 20.1.2009. It is submitted though they have been
paid compensation under the provisions of the Land Acquisition
Act but since they belong to below poverty line/marginal farmers
and their entire land has been acquired hence they would be
entitled to payment of additional compensation under the National
Rehabilitation Rules, 2003, which has not been paid to them. It is
contended that with regard to such grievances, the petitioners have
already filed several representations before the respondent-
authorities, which have yet not been decided.
In our view, no useful purpose would be served by calling for a
counter affidavit and keeping this writ petition pending.
Learned Standing Counsel states that the respondent no. 2, the
District Magistrate, Fatehpur would be the competent authority to
decide the matter.
In the aforesaid circumstances, this writ petition is finally disposed
of with the direction that in case if, with regard to their grievances
made in this writ petition, the petitioners file a fresh
comprehensive representation before the respondent no. 2, the
District Magistrate, Fatehpur alongwith a certified copy of this
order, the same shall be considered and decided by the said
respondent, in accordance with law, by a speaking and reasoned
order, as expeditiously as possible, preferably within a period of
two months from the date of filing the same.
With the aforesaid observations/directions, this writ petition is
finally disposed of. No order as to costs.
Order Date :- 4.8.2010
p.s.