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Judgment
Prashant Kumar Mishra, J
Heard.
By the order dated 24.3.2017 passed in WPS No.2085 of 2016, preferred by the petitioner's uncle Fagulal Yadav, a direction has been issued to the
respondents to calculate appropriate compensation, which has in fact been assessed in favour of his late father Babulal Yadav also.
In the aforesaid writ petition, the following order was passed by this Court vide para 7 :
7.Therefore, in these circumstances, it is directed that in case, the respondents intend to take land of the petitioner, then either proceedings of
acquisition would be drawn or they may enter into an agreement with the petitioner for taking the land on any offered amount of compensation subject
to consent of the petitioner. Till then, no construction shall be raised over the land of the petitioner. As boundary wall of the petitioner has already been
demolished by the respondents without following due course of law, the petitioner shall be entitled to appropriate compensation from the respondents
No3 & 4. For the present, Rs.25,000/- shall be paid to the petitioner by the respondents No.3&4. The payment of aforesaid amount shall be subject to
any amount of compensation as may be claimed by the petitioner before respondent No.3 &4. In case, the petitioner submits an application along with
assessment of compensation based on any report, the respondents No.3 & 4 shall examine the same and it shall be worked out and whatever
compensation is found payable, shall be paid to the petitioner, after adjusting the amount of Rs.25,000/- as directed to be paid by this Court.
On the basis of the above order, the competent authority has calculated the amount of compensation payable to the holders of the land, which,
according to the petitioner, includes his late father Babulal Yadav. However, the share to which Babulal Yadav was entitled is not being released in
the petitioner's favour, which has compelled him to move representation on 8.5.2018 at page 17 of the paper book.
In view of the above, let the petitioner move fresh representation/claim before the Nagar Panchayat, Kirodimal Nagar within a period of one month
from today and thereafter, the said authority shall consider and decide his representation in accordance with law within a further period of three
months.
The writ petition is accordingly disposed of.