http://www.pvchr.net/2013/05/on-nhrc-recommendations-up-govt-relents.html New Delhi, 27th May, 2013
In a land mark case (order) ,the National Human Rights Commission not only recommended payment of proper compensation as per the law to a woman whose land was used by the PWD but also ensured that an amount of Rs 9 lakh 10 thousand was paid to her at the market rate by the Uttar Pradesh government.
Triveni Devi Chauhan of Village Kabarai, District Mahoba, UP was struggling to get compensation since 2006 for her four bighas of land used by the PWD to construct a road, but was not heard by the concerned authorities. Police also did not register her complaint against the PWD. She got a ray of hope when on 26 June, 2011, Dr Lenin of PVCHR lodged a complaint in the NHRC seeking justice for the victim of PWD and police apathy.
Pursuant to the directions of the Commission, the SP in his report confirmed that 0.90 acre of land owned by Triveni Devi in Village Kabrai was used by the PWD while constructing a road. The report also said that the issue concerned the PWD and not the police department.
The Superintending Engineer stated in his report that a 3,600 km. long by-pass road, connecting NH No. 86 and NH No. 76 was constructed by the PWD in the year 2007. During the construction, no farmer raised any objection. A 'Chak Road' already existed on the way but at some places private land was used. However, there was no provision for paying any compensation to any farmer.
The Commission, on consideration of facts placed before it on record, observed that admittedly some land belonging to the complainant was used by the PWD in construction of the road. Hence, she should have been given the compensation as per law. Accordingly, the Chief Secretary, UP was directed to submit a report in the matter.
It was not before three reminders to the Chief Secretary, including one final, that the Special Secretary, PWD, UP Government, Lucknow, sent a report that after receiving a cheque for Rs. 9,10,000/- as sale consideration, Triveni Devi executed sale deed of the land in favour of the Government of UP through Executive Engineer, Mahoba. The copies of the reports of other officers and a copy of the registered sale deed were also sent to the Commission as proof of justice done in her case.
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