This writ petition alleged illegal construction on restricted road land (Right of Way) and sought action for removal. The court listed the matter for a fresh hearing to enable the Standing Counsel to provide instructions on the nature of construction and its violation of the Act.
null
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 3
Case :- WRIT - C No. - 7167 of 2024 Petitioner :- Umesh Chandra Mishra And Another Respondent :- State Of U.P. Thru. Its Secy. Public Work Deptt. Lko. And 7 Others
Counsel for Petitioner :- Shailendra Kumar Misra,Prashant Chaurasia Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey,Naresh Chandra Mehrotra,Prashant Kumar Singh
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
"(i). issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to take appropriate action under the provisions of U.P. Roadside Land Control Act, 1945 for removal of illegal construction made by the opposite party no. 6 over restricted area i.e. right of way (ROW) over Hariyawan to Korigawan to peng road, District Hardoi within stipulated time period as found suitable by this Hon'ble Court."
Order Date :- 25.9.2024
Pks
Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the respondent should take action under U.P. Roadside Land Control Act, 1945 for removal of illegal construction on restricted road land.
If the petition should be listed for fresh hearing to ascertain construction details.
1 provisions across 1 enactments
Umesh Chandra Mishra And Another
State Of U.P. Thru. Its Secy. Public Work Deptt. Lko. And 7 Others
Sangeeta Chandra
Brij Raj Singh
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
