Disposed

Basant Lal and 4 Others v. State of U.P. and 3 Others

Allahabad HC11 Jul 2022WRIC/18916/2022

Case brief

AI extract

What is this about?

Petitioners challenged construction of a road and nala on their land without compensation. The court disposed of the writ petition, directing the matter to a District Magistrate for consideration by a District Land Acquisition Committee under GO dated 12.05.2016 to determine and pay compensation.

What did the court decide?

Matter placed before Committee under GO dated 12.05.2016 to determine and pay compensation within twelve weeks.

Basant Lal and 4 Others Vs State of U.P. and 3 Others — Land Acquisition | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 18916 of 2022

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Petitioner :- Basant Lal And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lakshmi Kant Pandey,Niwas Kumar Gupta Counsel for Respondent :- CSC

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.

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The case of the petitioners is that the respondents have constructed a road and a nala over their land without paying any compensation and without acquiring the land.

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Learned counsel for the petitioners states that initially a suit for relief of injunction was filed in the year 2011, but the said suit has now been rendered infructuous as the respondents have succeeded in constructing the road and nala. He states that petitioners will withdraw the suit by moving appropriate application within two weeks from today. He submitted that in a similar case where possession of land of a private person was taken by the State without payment of compensation, this Court in Writ-C No.14473 of 2019 directed the matter to be considered by the Committee constituted under Government Order dated 12.05.2016.

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Learned standing counsel also submitted that the Committee envisaged under Government Order dated 12.05.2016 is competent to examine the grievance and determine compensation.

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Accordingly, without expressing any opinion on merits, the writ petition is disposed of with liberty to the petitioners to approach the District Magistrate concerned with their written representation and a true attested copy of the instant order and in which event, he will place the matter before the Committee constituted under Government Order dated 12.05.2016 so that compensation is determined and paid to the petitioners in accordance with law within twelve weeks.

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(Dr. Y.K. Srivastava, J.) (Manoj Kumar Gupta, J.)

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Order Date :- 11.7.2022 SL

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Digitally signed by SHYAM LAL Date: 2022.07.12 09:52:35 IST Reason: Location: High Court of Judicature at Allahabad

Basant Lal and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

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Basant Lal and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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