Allahabad High Court Strict On Land Taken Without Acquisition, Said There Is No Expectation From The Government To Take The Land Of Farmers And Not To Give Compensation
Petitions are being filed in the High Court for payment of compensation. The government is not paying the compensation.
The Allahabad High Court has taken a serious view of taking possession of land without acquisition and non-payment of compensation. It is said that most of the acquisition is done by the Revenue Department, Public Works Department or Irrigation Department. Petitions are being filed in the High Court for payment of compensation. The government is not paying the compensation.
The High Court has directed the Additional Chief Secretaries of the three departments to prepare a list of pending applications. Asked what steps have been taken for their disposal. The High Court said, the state government cannot be expected to take the land of the farmers and not pay the compensation. The court has asked the three top officials to submit the report by December 3, clarifying the situation. This order has been given by a division bench of Chief Justice Rajesh Bindal and Justice Piyush Agrawal on the petition of Jai Narayan Yadav and others. The next hearing of the petition will be on December 3.
All the District Magistrates should dispose the applications for compensation in three months.
The Allahabad High Court has ordered all the district magistrates of the state to dispose of the pending applications by February 25, 2022, demanding compensation for the land of the farmers taken without acquisition. The High Court said that all the District Magistrates should tell how many applications have been filed in the demand of compensation and how many have been fixed. If not fixed, what is the reason? The court has asked all the concerned officers to send a copy of the order to comply with the order. The petition will be heard on February 25, 2022.
In this case, the petitioner says that he has applied for compensation to the District Magistrate on 25 February 2020. Even after one year and 8 months, the application has not been decided. As per the mandate dated 12th May 2016, the District Magistrate is the competent authority in the matter of payment of compensation if the land is taken without acquisition.
A large number of petitions seeking compensation
The High Court said that when the procedure is fixed in the mandate, then why the District Magistrate is not deciding the applications. A large number of petitions are being filed seeking compensation. On which the court has issued instructions to all the district magistrates. The order was given by a division bench of Chief Justice Rajesh Bindal and Justice Piyush Agrawal on a petition by Ram Kailash Nishad and others.