1. The prayer made in the instant petition is for issuance of a writ of mandamus directing the respondent-Authority to pay compensation to the petitioner in lieu of acquisition of his land bearing Gata no.776, Village- Sihora, Tehsil- Mahavan, DistrictMathura and to decide his representation dated 10.05.2024 filed in this regard.
2. The case of the petitioner is that he has one-third share in the said land. The other two-third share belong to his brothers, Komal Singh and Bhuri Singh. The other brothers have been paid compensation in lieu of acquisition of the aforesaid plot under the provisions of the National Highways Act, 1956. However, petitioner has not been paid compensation in respect of his share despite repeated representations.
3. Shri Rajiv Gupta, learned Additional Chief Standing Counsel has placed on record the instructions received by him from the Special Land Acquisition Officer, Joint Organization, Mathura. According to it, the compensation in respect of the share of the petitioner has not been released in his favour on account of an injunction order passed in Original Suit No.700/2000.
4. We have perused the judgement in the said suit. It was a suit based on right of maintenance.
5. There is another order in Misc. Case no.132/XII/2017 dated 14.03.2018 under Section 127 Cr.P.C. granting maintenance of Rs.2000/- to the Lajjawati, wife of the petitioner.
6. The aforesaid documents only reveal that the wife of the petitioner has been held entitled to maintenance. We are of the opinion that interest of justice would be served in directing the Special Land Acquisition Officer to pass a speaking order on the representation of the petitioner dated 10.05.2024.
7. Accordingly, the petition is disposed of with direction to the Special Land Acquisition Officer, Mathura (respondent no.4) to pass a speaking order on the representation dated 10.05.2024, after hearing the petitioner and his wife, Lajjawati or any other person, who is likely to be affected thereby. The petitioner will file the instant order before respondent no.4 within two weeks alongwith representation dated 10.05.2024 or any other representation, which he may wish to file in order to supplement his case.
