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Jai Prakash Upadhyay And Another vs State Of U P And Others

High Court Of Judicature at Allahabad|22 August, 2019
Court No. - 4
Case :- WRIT - C No. - 27894 of 2019 Petitioner :- Jai Prakash Upadhyay And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kripa Shankar Shukla,Krishna Nand Rai Counsel for Respondent :- C.S.C.,Ashok Kumar Pandey
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the respondent Nos. 1 and 2 and Mr. Ashok Kumar Pandey, learned counsel for the respondent No. 3.
It has been contended by the learned counsel for the petitioners that the land was acquired in the year 2003, but the award was passed on 16.02.2016.
It is next contended that since in the intervening period, the Land Acquisition Act, 1984, stood repealed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (New Land Acquisition Act) (hereinafter referred to as the Act), the compensation should have been determined in accordance with Section 64 of the Act, but in the case of petitioners, the compensation was computed in accordance with the provisions of Repealed Act. He, therefore, contended that applications were filed by the petitioners on 1.4.2017 and 20.04.2019 for determination of the compensation in respect of their acquired land as per provisions of Section 64 of the Act before the respondent No. 2, but even the aforesaid applications of the petitioners have not been decided till date. Hence, a direction may be issued to the respondent No. 2 to consider and decide the applications filed by the petitioners before him on 1.4.2017 and 20.04.2019 (Annexure Nos. 4 and 5 to the writ petition) within a specified period.
Learned counsel appearing for the respondents have no objection to the prayer made by the learned counsel for the petitioners.
In view of the above, without expressing any opinion on the merit, we dispose of this writ petition with liberty to the petitioners to file a fresh application under Section 64 of the Act, before the respondent No. 2 along with a certified copy of this order within a period of two weeks from today. In case, any such application is filed by the petitioners before the respondent No. 2 within the time indicated herein above, he shall consider and decide the same strictly in accordance with law by passing a speaking order as expeditiously as possible within a period of three months from the date of filing of such representations by the petitioners.
Order Date :- 22.8.2019 saqlain
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  • Bala Krishna Narayana
  • Kripa Shankar Shukla Krishna Nand Rai