Court No. - 1 Case :- MISC. BENCH No. - 6897 of 2010 Petitioner :- Smt. Savitri Devi And Another Respondent :- State Of U.P.Through The Prin. Secy. Deptt. Of Irrigation Petitioner Counsel :- K.K.Singh,M.A.Khan Respondent Counsel :- C.S.C. Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
Heard the learned counsel for the parties.
With the consent of the parties counsel, the petition is being disposed of
finally.
The submission of the learned counsel for the petitioners is that the land in
dispute belongs to the petitioners and the same has yet not been acquired or
requisitioned under the relevant Acts, but the possession of the petitioners is
being disturbed by the respondents.
We, therefore, dispose of the writ petition finally with the direction that in
case the land in question belongs to the petitioners and has not been acquired
or requisitioned under the relevant Acts, or no written consent of the
petitioners has been taken, the possession of the petitioners over the land in
dispute shall not be disturbed nor the nature of the land shall be changed,
unless otherwise than in accordance with law. In case the petitioners’ land or
any part thereof has already been used or possession of the same has been
taken for the purpose of laying down minor canal, the petitioners shall be paid
adequate compensation with respect to the said land and if any damage has
been caused to the standing crops, the petitioners shall also be paid adequate
compensation in this regard without any delay, say; within a maximum period
of three months from the date of receipt of the certified copy of this order.
Subject to aforesaid directions, the petition is disposed of finally.
Order Date :- 3.8.2010
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