Allowed

Lilesh Kumar and 8 Others v. Union of India and 5 Others

Allahabad HC5 Nov 2019WRIC/35540/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed regarding excess land acquired for highway construction without compensation. The Court directed the respondent to ensure compensation is paid after verifying the excess utilization of the land within four months.

What did the court decide?

Respondent no. 3 directed to ensure adequate compensation for excess land is paid after verification within four months.

Lilesh Kumar and 8 Others Vs Union of India and 5 Others — Land Acquisition | Allahabad HC (2019)

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Court No. - 37

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Case :- WRIT - C No. - 35540 of 2019

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Petitioner :- Lilesh Kumar And 8 Others Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Brij Raj Verma Counsel for Respondent :- A.S.G.I.,Ashok Kumar Pandey,C.S.C.

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Hon'ble Abhinava Upadhya,J. Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioners; Shri R.K. Jaiswal, learned counsel for the respondent no. 1; Shri Pranjal Mehrotra, learned counsel for the respondents no. 2 & 3 and learned Standing Counsel for the State-respondents no. 4, 5 & 6.

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It is submitted that the petitioners are Bhumidhar and co-sharer of Plot No. 1574M, area 1.655 hectare situated in VillageRanipur Rajmo, Pargana-Mizamabad, Tehsil-Meh Nagar, District Azamgarh. A portion of that land was under acquisition for construction of Highway by National Highway Authority of India. The grievance of the petitioners is that under the acquisition proceedings only 0.049 hectare was to be acquired, instead thereof total area of 0.321 hectare has been acquired, i.e. excess to the extent of 0.272 hectare, but no compensation has been paid. The petitioners made an application, therefore, the National Highway Authority of India wrote to the Consolidation Officer to get the area measured & demarcated and submit its report. The report was submitted on 6.4.2019 (Annexure 5 to the writ petition), but so far no compensation has been paid according to the petitioners.

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The writ petition is disposed of with the direction to respondent no. 3 that in case excess land has been utilized by the National Highway Authority of India for construction of road, adequate compensation be paid to the petitioners for excess land in accordance with law after due verification by the appropriate authority for which the petitioner may make a representation to respondent no. 3 who will consider the same and pass appropriate orders in accordance with law, as far as possible, within four months from the date a certified copy of this order along with representation is presented before respondent no. 3.

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Order Date :- 5.11.2019 Sunil Kr. Gupta

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(Prakash Padia, J.) (Abhinava Upadhya, J. )

Lilesh Kumar and 8 Others v. Union of India and 5 Others

Case brief

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Lilesh Kumar and 8 Others v. Union of India and 5 Others

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