Disposed

Yogesh Kumar v. Additional District Magistrate (Administration) and Another

Allahabad HC28 Jan 2021WRIC/2281/2021

Case brief

AI extract

What is this about?

The court allowed the petitioner's prayer to withdraw the writ petition seeking compensation for land acquisition, with liberty to approach the Authority under Section 3-H(4) of the National Highways Act, 1956 within 15 days.

What did the court decide?

Prayer for withdrawal of petition with liberty to avail remedy under Section 3-H (4) of the National Highways Act, 1956 allowed within 15 days.

Yogesh Kumar Vs Additional District Magistrate… — Land Acquisition | Allahabad HC (2021)

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Court No. - 9

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Case :- WRIT - C No. - 2281 of 2021

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Petitioner :- Yogesh Kumar Respondent :- Additional District Magistrate (Administration) And Another Counsel for Petitioner :- Pooja Agarwal Counsel for Respondent :- C.S.C.

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

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Ms. Pooja Agarwal, learned counsel appears on behalf of the petitioner.

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Learned Standing Counsel appears on behalf of the State.

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The petitioner by way of present petition seeks following relief:

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"(a) to issue an order or direction to the respondent no.1 to expeditiously decide the Application dated 22.09.2020 filed by the petitioner pending before him for release of payment of compensation due to the petitioner on account of acquisition of part of Gata No.79/1 admeasuring 0.5700 hectare, Village Belaun, Pargana and Tehsil Dibai, District Bulandshahar for widening of National Highway No.93 within specified time (Annexure No.1 to the petition).

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(b) to issue an order or direction to the respondent no.1 to release payment of compensation due to the petitioner on account of acquisition of plot in question for widening of National Highway No.93 within specified time.

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(c) to pass such other order and further direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

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(d). to award costs of the petition."

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Instead of pursuing this writ petition under Article 226 of the Constitution of India, which is for a direction to the Authority concern for release of payment of compensation on account of acquisition of part of Gata No.79/1 admeasuring 0.57000 hectare, Village Belaun Pargana and Teshsil Dibai DistrictBulandshahar, learned counsel for the petitioner prays for withdrawal of petition with liberty to avail remedy under Section 3-H (4) of the National Highways Act, 1956.

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Prayer is allowed.

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Petition is dismissed as withdrawn with the said liberty.

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In case such an application is filed within 15 days from today, the Authority concern shall dwell upon it in accordance with law.

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No costs.

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Order Date :- 28.1.2021 N Tiwari

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(Jayant Banerji,J.) (Sanjay Yadav,J.)

Yogesh Kumar v. Additional District Magistrate (Administration) and Another

Case brief

What is this about?

What did the court decide?

Yogesh Kumar v. Additional District Magistrate (Administration) and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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