Writ petition challenging non-grant of compensation for acquired land was dismissed because the petitioner had only a leasehold interest and no ownership rights, rendering the petition misconceived.
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Court No. - 9
Case :- WRIT - C No. - 6757 of 2021
Petitioner :- Nirmal Enterprises Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ulajhan Singh Bind,Dhirendra Kumar Counsel for Respondent :- C.S.C.,Mukesh Kumar Kushwaha
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
Petitioner a proprietorship concern through its sole proprietor has filed this petition u/s 226 of the Constitution seeking direction for grant of compensation in lieu of a land situated at Village Dighiya, Dighiya Railway paar, Meja Road, Allahabad, said to have been earmarked for construction of Railway Over bridge (ROB) in Village Dighiya situated near National Highway 35.
Evident it is from the pleadings that the land in question does not belong to the petitioner nor to its proprietor, but to one Mundar Ram Narayan from whom the proprietor of the petitioner firm has taken it on lease in the year 2015. The petitioner, nor its proprietor, being the owner of land in question have no legal right for compensation in lieu of contemplated acquisition of said land.
The petition being misconceived deserves to be and is hereby dismissed .
No Costs.
Order Date :- 19.3.2021 Kirti
(Jayant Banerji, J) (Sanjay Yadav, J)
2 issues framed by the court
Whether a proprietorship concern that does not own the land but has taken it on lease is entitled to compensation in lieu of land acquisition.
Whether the petition seeking direction for grant of compensation in lieu of acquired land is maintainable when the petitioner has no ownership rights.
1 provisions across 1 enactments
Nirmal Enterprises
State Of U P
3 Others
Jayant Banerji
Sanjay Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
