Smt. Kirti Pandey v. Union of India and 6 Others

Court No. - 21 Case :- WRIT - C No. - 38439 of 2023 Petitioner :- Smt. Kirti Pandey Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Narendra Kumar Pandey,Ravi Kamal Pandey,Vimal Kumar Counsel for Respondent :- A.S.G.I.,C.S.C.,Vivek Kumar Singh Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1Heard counsel for the petitioner, Sri Vivek Kumar Singh, learned counsel for respondents no.1 & 2 and Sri Rajeev Gupta, learned Additional Chief Standing Counsel for the State respondents.

¶2The instant petition has been filed praying for a writ of mandamus commanding the respondents to pay compensation to the petitioner for an area of 142.8 sq. meters of Arazi No. 61, Village Shaha @ Peepal Gaon, Pargana & Tehsil Sadar, District Prayagraj alongwith 24% interest per annum for having taken over possession of the said land belonging to the petitioner without any formal acquisition.

¶3It is admitted to the petitioner that she agreed for transfer of

142.8 sq. meters of land required by the respondents for widening the runway of Bamrauli Airport, Prayagraj. An agreement was also executed by the petitioner in favour of the State respondents in this regard. However, the grievance of the petitioner is that the respondents, after determining the compensation, are paying the same for an area of 44.05 sq. meters only.

¶4Sri Rajeev Gupta, learned Additional Chief Standing Counsel is in receipt of instructions from the State respondents. He admits that the State has entered into an agreement with the petitioner for purchase of her land. According to him, the compensation is being paid only for the area which has come to her share.

¶5We are informed that under Government Order dated

12.05.2016, the District Level Committee is competent to examine the said issue and determine the compensation in cases where there is no formal acquisition.

¶6Accordingly, without expressing any opinion on merits at this stage, the writ petition is disposed of with liberty to the petitioner to approach respondent no.4 alongwith a fresh representation and true attested copy of the instant order raising her grievances. Respondent no.4 will place the said representation before the District Level Committee for being considered and decided after proper hearing to the petitioner or other persons who are likely to be affected thereby. The decision shall be taken within twelve weeks from the date the same is forwarded by the office of District Magistrate to the Chairperson of the Committee. (Donadi Ramesh, J.) (Manoj Kumar Gupta, ACJ.) Order Date :- 8.12.2023 Noman High Court of Judicature at Allahabad