An 80-year-old man, claiming to be the legal heir of a waqf property which was acquired by the Uttar Pradesh government, has moved the Supreme Court seeking compensation for the land to the tune of ₹510 crores [Alim Akhtar v State of Uttar Pradesh & Ors.].
The plea before the top court challenged the decisions of the Allahabad High Court and the Fatehpur District Magistrate which declined to grant the petitioner the compensation which he claimed was due as per provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013.
It was claimed that the courts below had erred in not granting the compensation in respect of the property which continues to belong to the descendants for all time to come.
“The Petitioner is surviving legal heir of 80 years old had rightfully claimed the compensation of Rs 510 crore which was denied by the District Magistrate, Fatehpur and hence the reliefs under the above Writ Petition ought to have been granted to the Petitioner,” the plea said.
It was further submitted that despite representations made to the District Magistrate and later the Office of Land Acqusition, the compensation sought was denied even as reports found mention of the petitioner’s father in revenue records of the concerned property.
The plea, filed through advocate Omprakash Parihar, also contended that the action of the respondent-State to continue to be in possession of the land but not compensating for the same was illegal and unsustainable in law.
”Since the State of Uttar Pradesh is Welfare State and as such it not open to the State Government to take the property of citizens illegally and arbitrarily without compensation,” the plea emphasised.
Accordingly, the petitioner sought directions to the State to compute and provide the compensation due according to the law.