Rajesh Gupta vs District Magistrate, Dehradun And Others

Alok Kumar Verma, J

This special appeal has been filed against the order dated 16.05.2018, passed by the learned Single Judge in WPMS No. 592 of 2017, “Rajesh

Gupta Vs. The District Magistrate, Dehradun and othersâ€​, whereby the learned Single Judge dismissed the writ petition.

Facts, to the extent necessary, are that the appellant-writ petitioner was the owner and Bhumidhar of the land-in-question i.e. 0.2322 sq.mtrs.

situated at Village Jantanwala Dhaulas Tehsil Vikas Nagar, Dehradun. The name of the appellant-writ petitioner was duly recorded in the revenue

record. The said land had been taken over by the respondents for the purpose of construction of the road. However, the respondents started saying

that the land-in-question was less than 0.2322 sq.mtrs. According to the appellant-writ petitioner, compensation was not paid to him inspite of his

several representations. Therefore, the appellant-writ petitioner filed the Writ Petition No. 592 of 2017 (M/S). After hearing both the parties, the

learned Single Judge dismissed the writ petition vide order dated 16.05.2018. Feeling aggrieved, the appellant-writ petitioner is before us.

Heard Mr. Ramji Srivastava, learned counsel for the appellant and Mr. Pradeep Joshi, learned Standing Counsel for the State.

Mr. Ramji Srivastava, the learned counsel for the appellant-writ petitioner submitted that earlier, the appellant-writ petitioner filed a Writ Petition

No. 228 of 2013 (M/S), which was disposed of vide order dated 17.09.2014, whereby the respondent no.1 was directed to calculate the compensation

within 90 days, after issuing the notice to the petitioner and after giving opportunity of being heard to the petitioner and amount of compensation along

with solatium and statutory interest shall be paid to the petitioner within next 60 days, if compensation along with solatium and statutory interest is not

paid within next 60 days, then petitioner shall also be paid penal interest at the rate of 12% per annum till the actual payment is made to the petitioner.

Thereafter, the appellant-writ petitioner filed a contempt petition and during the pendency of the contempt petition, a cheque of Rs. 6,68,926/- (Rupees

Six Lakh Sixty Eight Thousand Nine Hundred Twenty Six) was provided to him. The said cheque of the compensation was received by him under

protest. The learned counsel for the appellant further submitted that the land-in-question is within 50 mtrs. from the main road and the respondents

should have calculate compensation accordingly.

During the course of the arguments, Mr. Ramji Srivastava, the learned counsel for the appellant-writ petitioner submitted that this special appeal,

after setting aside the impugned order dated 16.05.2018, passed by the learned Single Judge, may be disposed of by directing the respondent no.1 to

measure the land-in-question and re-calculate the compensation according to the prevailing circle rate of the year 2009.

The submissions made by the learned counsel for the appellant regarding re-measurement of the land-in-question and re-fixing its value according to

the circle rate of the year, 2009 have been accepted by the learned counsel for the respondents.

Therefore, the impugned order dated 16.05.2018, passed by learned Single Judge, is set aside and with the consent of the parties, the present special

appeal is disposed of with the following directions:

(i) The District Magistrate, Dehradun, respondent no.1 shall re-measure the land-in-question and after re-measurement of the land, he shall re-

calculate the value of the land-in-question according to the circle rate of the year, 2009 and thereafter, the compensation shall be given to the appellant

according to law.

(ii) The District Magistrate, Dehradun, respondent no.1, shall take decision in the matter, after giving opportunity of being heard to the appellant, within

a period of two months from the date of production of the certified copy of this order.