Court No. - 2 Case :- WRIT - C No. - 37842 of 2010 Petitioner :- Laxmi Sahkari Awas Samiti Ltd. Respondent :- State Of U.P. And Others Petitioner Counsel :- Vishal Agarwal,Ankur Goyal Respondent Counsel :- C.S.C.,Atul Mehra Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioner, learned Standing Counsel
and Sri Atul Mehra, Advocate, appearing for the respondent nos.
2, 3 and 4.
By this writ petition petitioner has prayed for mandamus
commanding the respondent nos. 3 and 4 to pay compensation for
the acquired land. Further mandamus has also been prayed for
directing the respondent nos. 1 to 3 to take decision on the
applications dated 5.10.2009 and 8.4.2010 (Annexure Nos. 7 and 8
to the writ petition).
Petitioner’s case in the writ petition is that for masterplan road area
of 2117 sq.mtr. was acquired from the petitioner’s plot no. 3. It is
submitted that in response to the notice issued by the Development
Authority petitioner submitted an affidavit on 12.3.2009 claiming
compensation @ Rs. 3645/- per sq. mtr. but no payment has yet
been made.
Considering the fact that the petitioner has already given a
representation dated 8.4.2010 to the Secretary of the Development
Authority, we are of the view that no useful purpose shall be
served in keeping the writ petition pending.
The writ petition is disposed of with the direction to the respondent
no. 3 to consider and take appropriate decision on the application
moved by the petitioner. The said decision shall be taken as
expeditiously as possible, preferably within a period of three
months.
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 3.7.2010
Ram Murti