The Allahabad High Court has dismissed a PIL seeking a direction to respondent authorities to recover the amount of compensation of the land which has been received by unauthorized persons, who had purchased the land after notification issued under Section 3A of the National Highways Authority Act, 1956.
The Division Bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra passed this order while hearing a PIL filed by Khem Chand and another.
Submission has been made that after issuance of notification, land was purchased by certain unauthorized persons in violation of provisions of the Act and thereafter, compensation has been received by them and after holding of arbitral proceedings, the enhanced compensation was also received by them and therefore, the respondents be directed to recover the amount from them and pay the same to the farmers.
The Court observed that certain complaints were made in the year 2017, which also led to filing of an FIR with regard to the allegations made. Nothing has been placed on record to indicate the outcome of the FIR lodged in the year 2017. Further, after 2017 by filing a purported representation on 22.3.2024, the petition has been filed purportedly in the interest of the farmers. As to what steps have been taken except for the cursory representation in 2024 after a gap of 7 years and under whose instructions the petitioners have filed the petition, is totally unknown.
“Once the proceedings have taken place and on the allegations made, the FIR has been registered outcome of which is not known, filing of the petition seeking a direction for payment of the amount of compensation to the farmers when admittedly the Development Authority has already made payment based on the award and arbitral award to those, who were recorded as Khatedars, may be they are purported transferees in violation of the provisions of the Act, the direction to make payment all over again to the farmers, who have transferred the land and have not come forward, cannot be countenanced,” the Court further observed while dismissing the petition.
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