Approach high court in writ petition
We have been allotted a plot by ADA Aligarh in 2009 .The rate was fixed approx RS 4000/-sq MTR We all have paid the amount and being assured to get the possession soon. But after waiting till 2019 we have been served notice by ADA to deposit the RS 4500/-sq mtr more as compensation to be given to farmers as decided by Supreme court. It is ordered that ADA has to pay the enhanced compensation to farmers. ADA is saying that we don't have money so allottees has to pay.The matter gone in litigation because of delay in possesstion by ADA And SLO.We allotees should not be held responsible.It is clearly written in Supreme court judgement.Despite it ADA is linking it with allottees.Please guide whether we should approach High court or Supreme court?
Approach high court in writ petition
One lawyer from Supreme Court is suggesting that the matter has been discussed in Apexcourt ,so the relief will only come from the Apex court.High Court will not disturb the execution of Supreme Court order
lodge a complaint before National Consumer Dispute Redressal Commission, New Delhi as Class Action, alleging that upon receiving money , the ADA aligarh is not giving possession of land for last 10 years.
You don’t have to pay enhanced compensation
it has to be paid by ADA
3) approach SC
Approach Supreme Court in this regard.
If the matter is decided by supreme Court by its order then you need to go for review
the original landowners (farmers) approached the supreme court and their compensation was enhanced which resulted in a cost increase of land and the respective allottee of the plot will be required to pay the enhanced cost, and the same is mentioned in the allotment letter issued by ADA, pls check,
therefore, you are required and liable to pay the enhanced cost,
now, you are advised to approach the concerned high court to get the details of the enhanced cost from the ADA,
usually, authorities wrongly calculated the enhanced cost which results in a heavy monetary burden on allottee,
recently enhanced cost reduced by approximately 80% in Haryana,
therefore approach the concerned High Court for reducing the enhancement cost,
call/mail for additional details,
no need to approach the supreme Court,
File Contempt in SC or get stay of notice by filling writ in HC citing SC finding in order. HC will grant stay till matter decide by SC.
As the matter is decided by supreme court then you should approach the supreme court by filing a writ petition against ADA for asking allotees to pay extra amount for compensating farmers.
You can approach high court of UP state with a writ petition against the ADA on this.
You can plead that the initial price was fixed at Rs. 4,000/- per sq. feet, but because of the delay by ADA to decide about the compensation to be paid to the farmers and also in view of the supreme court judgement, it is the DA which has to pay compensation to the farmer and the innocent allot-tees are not to be held liable or responsible for the fault of the authorities and the extra amount now demanded by ADA is illegal and not justified, hence the ADA only has to bear the additional expenses towards compensation to the farmers at enhanced rate as directed by supreme court and also to direct the ADA to deliver possession immediately.
Discuss with your advocate in detail and proceed.
The relief has already been decided to the farmers by apex court, however the fresh relief what you are seeking may be had from the high court itself since this is not connected with the judgment made by the supreme court.
You may discuss with a high court advocate and take decision on the basis of the recommendations made.
Approach the High Court by way of filing a writ petition.
File a writ in Allahabad High Court
You cannot approach the Apex Court directly in this matter.