Dismissed

Ravindra Nath Yadav v. State of U.P. and 7 Others

Allahabad HC12 Jul 2024WPIL/873/2024

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Ravindra Nath Yadav vs State of U.P. and 7 Others — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:146598-DB

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Chief Justice's Court

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 873 of 2024

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Petitioner :- Ravindra Nath Yadav Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Naveen Kumar Upadhyay for Udai Chandani

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Counsel for Respondent :- Manish Goel (A.A.G.) with A.K. Goyal (A.C.S.C.), Atul Kumar Shahi

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Hon'ble Arun Bhansali,Chief Justice Hon'ble Vikas Budhwar,J.

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This writ petition has been filed by the petitioner seeking a restraint against respondent Nos. 5 to 7 not to raise construction of the Police Station, Lalpur-Pandeypur, Varanasi in the premise of the College of Teacher Education (CTE), Varanasi situated in the Gata No. 64/1 and 65/1 admeasuring 0.252 hectare of Ardali Bazar, Varanasi.

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Submissions have been made that the respondents are constructing Police Station over the land belonging to the educational institution, which is not justified.

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A short counter affidavit has been filed, inter alia, indicating that by Government Order dated 06.12.2019, issued by Additional Chief Secretary, Revenue, an area admeasuring 2530 sq.meter in Gata No. 64/1 and 65/1 situated in the premises of L.T. College was given to Home Department for construction of building of New Police Station, Lalpur, Varanasi on lease for 90 years according to the provisions of Government Grant Act, 1895, after seeking consent of the Basic Education Department, Revenue Department, Finance Department and Personnel Department which

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was also approved by the Council of Ministers. Further submissions have been made that the Government Order provided that the land should be utilized within three years of allotment otherwise allotment shall be ipso facto deemed to be cancelled.

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Pursuant to the said allotment, the construction could not take place and therefore, the communication has been sent by Police Department on 16.05.2024 and Home Department on 22.05.2024 seeking extension of time limit of three years mentioned in the Government Order dated 06.12.2019 for undertaking the construction, which request is pending consideration before the State.

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It has further been clearly indicated that till such time that fresh Government Order is not issued pursuant to the allotment dated 06.12.2019, no construction of the building of the Police Station, Lalpur-Pandeypur, Varanasi would be undertaken.

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In view of above fact situation, wherein the allotment made, on account of deeming provision, stands cancelled and a specific assertion has been made that till such time that the Government Order dated 06.12.2019 is not modified/further permission/fresh allotment is not granted/made, the construction would not be raised, the petition has been rendered infructuous. The same is, therefore, dismissed having become infructuous.

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It would be open for the petitioner to take appropriate proceedings, in case, further permission/fresh allotment for constructing the Police Station, Lalpur-Pandeypur, Varanasi is granted.

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Order Date :- 9.9.2024 P.Sri./Rajesh

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(Vikas Budhwar, J) (Arun Bhansali, CJ)

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Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad

Ravindra Nath Yadav v. State of U.P. and 7 Others

What the court decided

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Ravindra Nath Yadav v. State of U.P. and 7 Others

What the court decided

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