Uttarakhand High Court
WPMS/2101/2013 of Mohd Ahmad AND OTHERS Vs State Of Uttarakhand AND OTHERS on 30 December 2013
of 2013 and WPMS No. 2701 of 2012 Hon’ble Sudhanshu Dhulia, J. Mr. M.S. Pal, Senior Advocate assisted by Mr. T.P.S. Takuli and Mr. Amir Malik, Advocate, present for the petitioner. Mr. Paresh Tripathi, learned Additional Chief Standing Counsel, present for the State/respondent nos. 1
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Conclusion
WPMS No.2101 of 2013 and WPMS No. 2701 of 2012 Hon’ble Sudhanshu Dhulia, J.
Mr. M.S. Pal, Senior Advocate assisted by Mr. T.P.S. Takuli and Mr. Amir Malik, Advocate, present for the petitioner.
Mr. Paresh Tripathi, learned Additional Chief Standing Counsel, present for the State/respondent nos. 1 to 3.
Mr. Pankaj Purohit, Advocate, present for the respondent nos. 4 and 5.
An application of the present petitioners (in both the writ petitions i.e. WPMS No.2101 of 2013 and WPMS No.2701 of 2012) under Section 28-A of the Land Acquisition Act is pending before the District Land Acquisition Officer/Collector, Nainital and the same is not being disposed of in accordance with law and is kept pending.
These writ petition are disposed of with the direction to the District Land Acquisition Officer/Collector, Nainital, that if such an application is pending before him, he shall immediately take notice of it and pass appropriate orders in accordance with law, as expeditiously as possible, but definitely within a period of 12 weeks from the date a certified copy of this order is placed before him.
If he considers that the application is beyond the period of limitation, the District Land Acquisition Officer/Collector, Nainital will give a specific finding as to why such application is beyond the prescribed period of limitation. But in any case order of the Collector shall be by way of a speaking order.
Both the writ petitions stand disposed
of.
ML
(Sudhanshu Dhulia, J.)
30.12.2013