U.C. Dhyani, J. (Oral) - By means of present writ petition, the petitioner seeks the following reliefs, among others:
"(i) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to make joint inspection on the spot and thereafter give compensation of the petitioner�s excess land (possessed by the respondents) to the petitioner.
(ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to pay a fair compensation of the petitioner�s land to the petitioner. "
2. The facts giving rise to present writ petition, in a nutshell, are as follows:
(i) The land of the petitioner was acquired for New Railway Line from Devband to Roorkee. The petitioner is owner of the land of khata no. 186, khasra no. 174 measuring 0.6013 Hectare situated at village Salhapur, Pargana Bhagwanpur, Tehsil Roorkee, District Haridwar. A schedule was prepared 26.05.2011, in which, 4800 Hectare acquired land has been shown as per plan.
(ii) On 27.08.2011, a joint inspection was made by the Revenue and Land Acquisition Officer, District Haridwar in which 4800 Hectare acquired land has been shown as per plan and 4159 Hectare acquired land has been shown as per physical measurement.
(iii) The respondent took the possession of 4800 Hectare land, but paid the compensation on only 4159 Hectare land, and therefore, the petitioner moved an application on 05.12.2012 before the respondent no. 2 stating therein that 4800 Hectare land of the petitioner is being acquired for Railway line and the respondent no. 4 took the possession of 4800 Hectare land, but the respondent no. 2 prepared the compensation for only 4159 Hectare land, therefore, the petitioner prayed to give compensation as per possessed land i.e. 4800 Hectare on the spot.
(iv) Thereafter the petitioner gave an application along with affidavit and enclosures before the respondent no. 2 on 28.09.2013 with a prayer to make joint inspection in presence of Revenue Department�s Officers /Land Acquisition Department�s Officer and thereafter to give compensation of 0641 Hectare land.
(v) When the respondents did not take any action on the prayer of the petitioner, he again moved another application / representation dated 10.06.2014 with the same prayer, but till date the respondents have not taken any action in the matter.
3. A perusal of Schedule (enclosure) appended to annexure no. 1 of the writ petition, shows the following:
| Khata no. | Khasra no. | Total area | Landlord�s name | Land acquired according to shazra | Land acquired on the spot |
| 186 | 174 | 0.6013 | Mohd. Saleem S/o Liyaqat | 0.4800 | 0.4800 |
4. Respondent no. 4 drew the attention of this Court towards the Schedule enclosed with annexure-2, as follows:
| Khata no. | Khasra no. | Total area | Landlord�s name | Land acquired according to shazra | Land acquired on the spot |
| 186 | 174 | 0.6013 | Mohd. Saleem S/o Liyaqat | 0.4800 | 0.4159 |
5. Thus, there is discrepancy in the aforementioned documents. Whereas the contention of respondent no. 4 is that they are constructing railway line over the area of 0.4159 hectare land, the submission of learned counsel for the petitioner is that the respondent no. 3 may construct railway line in any area, but the respondent no. 3 has acquired 0.4800 hectare of his land. If the respondent no. 4 has acquired big chunk of land and is utilising lesser area, even then the petitioner is to be awarded the compensation in respect of big chunk of land.
6. The writ petition is, therefore, disposed of at the admission stage itself, with the consent of learned counsel for the parties, as follows:
A writ in the nature of mandamus is issued commanding the respondents to inspect the spot and thereafter give fair compensation of the petitioner�s land, which is in possession of the respondents, in accordance with law.
