Sunday, November 27, 2022

Allahabad High Court directs UP govt to pay compensation and interest for land acquired

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The Allahabad High Court has directed the Uttar Pradesh government to pay compensation along with interest for the land acquired at Mauja, Majhola in Sambhal.

The Division Bench of Justice Sunita Agarwal and Justice Jyotsna Sharma passed this order while hearing a petition filed by Smt Poonam.

The Court observed,

From a perusal of the record of the writ petition, it is evident that the land in Gata no 111/1, 111/2 0.187 hectare was sold by the petitioner herein in favour of the UP Expressway Industrial Development Authority for the Ganga Expressway Project by way of registered sale deed dated 23.06.2021.

A categorical statement has been made in the petition that in fulfilment of the conditions/averments in the deed the sale consideration of Rs 17,95,200 would be transferred to the saving bank account of the petitioner by 25.6.2021, no sale consideration has been transmitted till date.

From the written instructions, it is evident that the sale consideration as agreed between the parties in the sale deed dated 23.6.2021 has not been transmitted in the account of the petitioner herein on the premise of a dispute relating to the share of the petitioner in the property-in-question with other co sharer/tenure holders, decided after execution of the sale deed.

The Court further observed that this is a matter where sale consideration was agreed upon by the respondents with the petitioner herein. The bilateral conditional agreement executed on 23.06.2021 has not been honoured by the respondents as is evident from the written instructions supplied.

“In view of the categorical admission of the respondents with regard to non transmission of the agreed sale consideration in the saving bank account of the petitioner herein, in terms of the condition of the sale deed, we provide that the sale consideration as agreed under the sale deed dated 23.06.2021 shall be transmitted in the saving bank account of the petitioner herein, mentioned in the sale deed itself, by 31.08.2022 along with the interest at the rate of 7%, failing which, the Court may take adverse view of the matter.

The interest amount shall be realised by the State/department from the pocket of the officers who were sitting at the helm of the affair and caused delay in transmission of the sale consideration in the account of the petitioner, on the premise of a dispute subsequent to the execution of the sale deed. The affidavit of compliance shall be filed on the next date fixed,” the Court ordered.

The Court has fixed the next hearing of the petition on October 5, 2022.

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