Disposed

Kusum Lata and Another v. National Highway Authority of India and 2 Others

Allahabad HC9 Nov 2021WRIC/26587/2021

Case brief

AI extract

What is this about?

High Court dismissed prayers for injunction against house demolition and compensation enhancement pending quantum assessment. Court directed respondent to dispose of a representation within time limits.

What did the court decide?

No injunction or compensation enhancement granted. Direction given to Sub Divisional Magistrate to decide representation by dated 31.12.2021.

Kusum Lata and Another Vs National Highway Authority of India and 2 Others — Allahabad HC (2021) — LawSathi Research

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Court No. - 50

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Case :- WRIT - C No. - 26587 of 2021 Petitioner :- Kusum Lata And Another Respondent :- National Highway Authority Of India And 2 Others Counsel for Petitioner :- Pradeep Kumar Keshri,Hemant Kumar Counsel for Respondent :- C.S.C.,Pranjal Mehrotra

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Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajai Tyagi,J.

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This matter is placed before this Bench by the order of Hon'ble The Chief Justice.

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Heard learned counsel for the parties and perused the petition.

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By way of this petition, the petitioner is seeking following relief:

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"(i) issue a writ, order or direction in the nature of mandamus directing the respondent authorities not to demolish the concerned part of the house of the petitioners bearing arazi No.857 admieasuring area 31-1/4 decimal situated Mauja-Godhna, ParganaGhoosh, Tehsil-Mughalsarai, Chandauli, until the concerned respondent authorities correctly measure the concerned constructed area of the house and calculate the compensation accordingly and thereafter give it to the petitioner.

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(ii) issue a writ, order or direction in the nature of mandamus directing the respondent authorities to enhance the compensation amount being offered to the petitioners for the concerned part of the house bearing arazi No.857 admeasuring area 31-1/4 decimal situated Mauja-Godhna, Pargana-Ghoosh, Tehsil-Mughalsarai, Chandauli.

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(iii) issue a writ, order or direction in the nature of mandamus directing the respondent No.3 to take appropriate action on the petitioners application dated 22.9.2021 within a stipulated time period fixed by this Hon'ble Court."

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Having heard learned counsel for the parties, we cannot grant prayer (i) and (ii) as prayed for, at this Stage.

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So far as prayer (iii) is concerned, if the representation of the petitioner dated 22.9.2021 is found to be genuine, respondent No.3-Sub Divisional Magistrate, Sadar, Chandauli, shall decide the same on or before 31st December, 2021, by reasoned and speaking order. This petition shall also be considered as further representation in pursuance of the representation made by the petitioner before the authority concerned.

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With the aforesaid direction, this petition stands disposed of.

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It goes without saying that we have not entered into the merit of the case.

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Order Date :- 9.11.2021 LN Tripathi

Kusum Lata and Another v. National Highway Authority of India and 2 Others

Case brief

What is this about?

What did the court decide?

Kusum Lata and Another v. National Highway Authority of India and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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