Disposed

Devi Prasad v. State of U.P. and 2 Others

Allahabad HC9 May 2019WRIC/15211/2019

Case brief

AI extract

What is this about?

Writ petition challenging construction of a road without compensation. Court stayed construction by directing petitioner to approach a Committee under Government Order dated 12.5.2016 regarding land acquisition and compensation.

What did the court decide?

Petitioner directed to file representation before Committee under Government Order 12.5.2016; Committee to report within 2 months and District Magistrate to pass final order within 30 days.

Devi Prasad Vs State of U.P. and 2 Others — Land Acquisition | Allahabad HC (2019)

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Court No. - 32

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Case :- WRIT - C No. - 15211 of 2019 Petitioner :- Devi Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Singh,P.K. Singh

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Counsel for Respondent :- C.S.C.

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Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.

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This writ petition, inter alia, has been filed for the following relief:

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"i) issue, a writ, order or direction in the nature of commanding the respondents not to constuct (link Road) from village Nadiyani Sikandra without providing compensation to the petitioner as it posses through the Bhumidhari No. 453."

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Heard learned counsel for petitioner, learned Standing Counsel and perused the record.

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The grievance of the petitioner is that without acquiring the land lawfully, the respondent authorities are constructing public road over the land of the petitioners.

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By order dated 25.4.2019 learned Standing Counsel was directed to seek instructions in the matter. In pursuance of the same, learned Standing Counsel, on the basis of instructions received, has stated that the land in question has been acquired by the State but has admitted that no compensation has yet been given to the petitioner.

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Learned Standing Counsel has drawn our attention to the Government Order dated 12.5.2016 wherein it has been provided that when the land is being acquired without giving any

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compensation, the matter should be considered by the Committee as constituted under the said Government Order and after examining the matter, it will submit its report within a period of two months before the concerned District Magistrate, who will act upon that report and dispose of the matter within one month thereafter.

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Considering the facts and circumstances of the case, we direct the petitioner to file a representation in terms of the Government Order dated 12.5.2016 before the Committee, as constituted under the said Government Order, headed by the Additional District Magistrate (Finance & Revenue), who will examine the matter and submit its report to the District Magistrate concerned within a period of two months as provided in the aforesaid Government Order, who will proceed in the accordance with Government Order dated 12.5.2016 and pass final order within a period of 30 days thereafter.

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With this observation, the writ petition stands finally disposed of.

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Order Date :- 9.5.2019/vinay

Devi Prasad v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Devi Prasad v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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