Disposed

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

Allahabad HC18 Jan 2021WRIC/22696/2020

Case brief

AI extract

What is this about?

A writ petition challenging alleged non-payment of compensation for excess acquired land during highway construction. The court noted the petitioners had not approached the National Highways Authority of India as per a communication received by the State. The petition was disposed of with liberty to pursue that available administrative remedy.

What did the court decide?

Petition disposed with liberty to the petitioners to avail the remedy available under the communication dated 18.6.2020. No costs awarded.

Lilesh Kumar Singh and 8 Others Vs Union of India and 5… — Land Acquisition | Allahabad HC (2021)

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Court No. - 9

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Case :- WRIT - C No. - 22696 of 2020

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Petitioner :- Lilesh Kumar Singh And 8 Others Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Brij Raj Verma Counsel for Respondent :- A.S.G.I.,C.S.C.,Chandra Prakash Yadav,Sudheer

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Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.

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Shri Brij Raj Verma appears for the petitioners.

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Learned standing counsel appears for the State respondents.

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The petitioners by way of this petition seek following reliefs:

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“i. to issue writ order or direction in the nature of certiorari quashing the order dated 18.6.2020 passed by Project Director/respondent no. 3 in the disposal of representation of petitioners dated 11.12.2019 (Annexure No. 13 to this writ petition)

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ii. to issue writ order or direction in the nature of mandamus directing the Project Director/respondent no. 3 to pay the amount to the petitioners for excess acquired/affected are 0.272 hectare in plot no. 1574 situated in village Ranipur Rajmo, Pargana Nizamabad, Tehsil Meh Nagar, District Azamgarh for construction of the National Highway No. 233

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iii. To issue any other order of direction which the Hon’ble Court may deem fit and proper in the circumstances of the case

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iv. to award the cost of the petition to this petitioner.”

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By order dated 15.12.2020 instructions were sought for from the respondents State whereon the instructions are filed today. Copy whereof has been given to the learned counsel for the petitioners.

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As evident from the pleadings, the controversy relates to acquisition of land and non payment of compensation thereof. It is borne out from the instructions filed today that for the purpose of construction of National Highway No. 233

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proceedings were started for acquisition of land on 17.12.2013 whereon a Notification under sub section (3) of Section 3D of the National Highways Act, 1956 was published. Alongwith other land the land bearing Gata No. 1574 admeasuring 0.0491 hectare was also notified. The said land was acquired and an award was passed on 20.6.2015 and the amount of compensation of Rs.6,79,715/- and Rs.2,19,379 was paid to the petitioners on 7.11.2016 and 23.3.2018. The petitioners do not dispute this fact. However, it is contended on behalf of the petitioners that beyond 0.049 hectare some more land was also acquired of the said Gata no. 1574 and they have not been paid the compensation in lieu thereof.

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Learned counsel appearing for the respondents bring to our notice a communication no. 36707 dated 18.6.2020, which has been filed by the petitioners as Annexure-13 to the writ petition wherein in respect of further land acquired for the purpose of construction of the road, it is stated as under:

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“'ks"k jdck 0-047 gsDVsvj esa lMd vfrfjDr :i ls fufeZr fd;k x;k gS] ftlds dze esa v|ksgLrk{kjh }kjk i= 36059 fnukad 21@26-02-2020 ds ek/;e ls {ks=h; vf/kdkjh mRrj&izns’k ¼iwoZ½] okjk.kklh dks iz’uxr vkjkth la[;k 1574 jdck 0-0470 gsDVsvj dk izfrdj Hkqxrku dj] fodz; foys[k fu"ikfnr djus gsrq eq0 55]13]514-00 dh /kujkf’k vuqeksnu djus gsrq izsf"kr fd;k x;k] ftldk vuqeksnu {ks=h; vf/kdkjh dk;kZy; i=kad la[;k 8942 fnukad 02-06-2020 ds }kjk fd;k x;k gS] ftlds dze esa izfrdj dh /kujkf’k Hkqxrku dj fu;ekuqlkj fodz; foys[k fu"iknu djus dh dk;Zokgh bl dk;kZy; }kjk fd;k tk jgk gSA izkFkhZx.k ls vis{kk dh tkrh gS fd iz’uxr Hkwfe dk fgLlk izek.k&i= o 'kiFk&i= bl dk;kZy; esa vfr’kh?kz izLrqr fd;k tk;

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ftlls dh izHkkfor Hkwfe dk vkilh lgerh ls fodz; foys[k fu"ikfnr djk;k tk ldsA

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Learned counsel for the petitioners when confronted with the said statement fairly submits that he has not approached the National Highways Authority of India.

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In view whereof since no dispute as such exists as regard the grievance raised by the petitioners we dispose of the petition with liberty to the petitioners to avail the remedy as spelt out in communication dated 18.6.2020.

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The petition stands disposed of. No costs. Order Date :- 18.1.2021 o.k.

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

Case brief

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

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