Court elapsed to dispose off a writ petition regarding potential deprivation of petitioner's share in compensation for acquired land. Court directed petitioner to represent grievances to CEO within weeks.
Petitioner directed to submit representation to CEO within two weeks for disposal via speaking order.
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Court No. - 45
Case :- WRIT - C No. - 35129 of 2021
Petitioner :- Shivdutt Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Paritosh Sukla Counsel for Respondent :- C.S.C.,Aditya Bhushan Singhal
Hon'ble Manoj Misra,J. Hon'ble Sameer Jain,J.
The court has been addressed through video conferencing.
We have heard Sri Paritosh Shukla for the petitioner; the learned Standing Counsel for the respondents 1 and 2; and Sri A.B. Singhal for the respondents 3 and 4.
The grievance of the petitioner is that the respondents 3 and 4 propose to acquire a piece of land in which the petitioner has a share and that share has not yet been partitioned but the respondents 3 and 4 are negotiating a deal with other co-sharers which may deprive the petitioner of their rightful share in the compensation/consideration for that land.
Sri A.B. Singhal, who appears for the respondents 3 and 4, submits that as per his instructions, the land would be acquired through sale-deed only after proper verification of title and, therefore, writ petition is misconceived.
Be that as it may, to obviate future litigation, we deem it appropriate to dispose off this petition by giving opportunity to the petitioner to represent his grievance before the Chief Executive Officer of Yamuna Expressway Development Authority (third respondent) annexing therewith all the relevant documents. It is expected that if any representation/objection is submitted by the petitioner before the third respondent, the same shall be addressed and decided by a speaking order after giving opportunity of hearing to the other co-sharers concerned, preferably, within a period of six weeks from the date of filing of such representation, provided such representation is filed within two weeks from today.
The petition is disposed off .
It is made clear that we have not expressed any opinion as to whether the petitioner has a share in the land or not.
Order Date :- 13.1.2022 Sunil Kr Tiwari
1 issue framed by the court
Whether Writ Court should intervene to secure petitioner's share in compensation pending partition of co-owned land.
Shivdutt Sharma
State Of U.P.
Yamuna Expressway Development Authority
Respondents 3 and 4
Manoj Misra
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
