V.M.SAHAI,J. - (1.)THE petitioners have come up before this Court for wrongful act of the respondents in taking away their land against the provisions of law. They have claimed compensation and damages for their dispossession from the land.
(2.)WE have heard Sri G.K. Singh, learned counsel for the petitioners and learned Standing Counsel for the respondents.
The facts disclosed in the writ petition show that the petitioners were owners of plots mentioned in para 4 to 8 of the writ petition separately and different portion of different plots were taken away by the respondents for the construction of Lalganj by-pass Road on Azamgarh-Varanasi highway. No legal procedure was adopted by the respondents in taking away the land of the petitioners. The compensation awarded was also nominal. The land of the petitioners was taken in the year 1986 as disclosed in para 20 of the writ petition, but the compensation has not been paid so far. The Executive Engineer, PWD, Azamgarh had proposed compensation at the rate of Rs.1000/ per sq. meter to the petitioners which was not accepted by the Special Land Acquisition Officer. Similar land of other persons were also taken by the respondents, for which the compensation at the rate of Rs.1400/ per sq. meter was paid but the petitioners were offered compensation at the rate of Rs.234/ per sq. meter. By way of the writ petition, the petitioners want payment of compensation at the enhanced rate along with interest and damages and in alternative, they have sought for recovery of possession.

(3.)IN the counter affidavit filed by Mr. Satya Prakash Bharti, Assistant Engineer, PWD, Azamgarh, this fact has been admitted that the land of the petitioners was taken by the respondents for construction of Lalganj bye-pass Road in Azamgarh-Varanasi highway. The compensation at the rate of Rs.6,63,265.30 per acre was fixed for the land situate in village Maseerpur and Rs.3,78,181.82 per acre for the land situate in village Retwa Chandrabhanpur and a number of tenure-holders received compensation on the said rate and executed sale deeds in favour of respondents but the petitioners refused to receive compensation. The land for which compensation at the rate of Rs.1400/ per sq. meter was awarded to some tenureholders was situate by the side of main highway. Due to construction of bye-pass road, remaining portion of land of the petitioners have become more valuable. In the supplementary counter affidavit, filed by Mr. Sultan Ahmad, Assistant Engineer, PWD, Azamgarh, it has been mentioned that by mutual understanding a number of tenure holders have executed sale deeds in favour of respondents and have received compensation. The land of the petitioners was totally unfit for agriculture and the respondents are ready to pay compensation to the petitioners at the rate of Rs.3,78,181.82 per acres. They are not entitled for more compensation.