Court No. - 1 Case :- MISC. BENCH No. - 4307 of 2010 Petitioner :- Satya Pal And Ors. Respondent :- District Magistrate Gonda And Ors. Petitioner Counsel :- M.E.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 the alternative, it is provided that in case the land of the petitioners has
already been acquired or possession of the same has been taken either in full
or in part for the use of the respondents even without acquisition or
requisition, the petitioners shall be paid adequate compensation expeditiously
in accordance with the determination made under the provisions of the Land
Acquisition Act, without any undue delay, say within a maximum period of
four months.
With the aforesaid direction, the petition is disposed of finally.
Order Date :- 10.5.2010
Sachin