The Allahabad High Court has dismissed a petition seeking alternative land in lieu of the acquired land for the cemetery located in Kotha village of Meja tehsil of Prayagraj.
The Division Bench of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi passed this order while hearing a PIL filed by Abdul Hamid.
The petition has been filed for a direction to the respondents to provide alternative land in lieu of acquisition of land which was being used as graveyard by the villagers of Village Panchayat Kotha, Block Urua, Tehsil Meja, District Prayagraj.
The Court said that it is not in issue that the land which has been acquired and in lieu of which the petitioner wants alternative land has been subjected to acquisition for the project of second respondent.
No provision of law is shown whereunder alternative land can be allotted in lieu of compulsory acquisition, the Court further said.
The Court stated that it is only the person entitled to receive compensation, who can come forward with a claim in that regard. In such circumstances, no direction can be issued to respondents to allot alternative land.
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