TaxTMI 
TaxTMI 
2004 (12) TMI 679
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....nt, had been taken away forcibly without following any process of law. It was the specific case of the respondent that he had been dispossessed from his land and the land had been taken by the appellants without payment of any compensation and further that the appellants had put up building and structures on the land sometime in 1955 and that despite repeated appeals made by him nobody was prepared to pay compensation. He enclosed along with the writ petition a letter no. 73/S.T.D.M-91 dated 9/10.4.91 written by the Collector, Azamgarh to the Sepcial Land Acquisition Officer Azamgarh to the following effect: "Please refer to the application of Shri Manohar s/o Raghunath, Mauja Kharga Bhagwanpur, Block Lalganj (enclosed). He has stated that....
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....cquisition. Thus from the records and circumstantial evidence it is evident that the land of Development Block, Lalganj has not been acquired and on the basis of the local position during consolidation operation the Asstt. Consolidation Officer stated the name of the office of Development Block in Records. Under these circumstances, it is requested that the compensation of the land of development block office Lalganj may be paid by mutual settlement. Under the above circumstances, this office has no concern with this case." The grievance of the respondent before the High Court was that his name was high-handedly deleted from the revenue record and the revenue record thereafter showed the name of the appellants. He was dispossessed from t....
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....sses the least regard to being a welfare State. When we pointed out to the learned counsel that, at this stage at least, the State should be gracious enough to accept its mistake and promptly pay the compensation to the respondent, the State has taken an intractable attitude and persisted in opposing what appears to be a just and reasonable claim of the respondent. Ours is a constitutional democracy and the rights available to the citizens are declared by the Constitution.Although Article 19(1)(f) was deleted by the 44th Amendment to the Constitution, Article 300A has been placed in the Constitution, which reads as follows: "300A- Persons not to be deprived of property save by authority of law No person shall be deprived of his....