This is an initial order in a writ petition seeking mandatory direction to remove an embankment on the petitioners' land and grant compensation. The court adjourned for filing counter and rejoinder affidavits.
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. - 7925 of 2024
Petitioner :- Param Prakash Singh And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Housing Urban Planning Govt. Lko And 3 Others Counsel for Petitioner :- Vimlesh Kumar,Krishna Ram Yadav Counsel for Respondent :- C.S.C.,Ashish Chaturvedi
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
Heard learned counsel for the petitioners, learned counsel for the State-respondents and Sri Ashish Chaturvedi, learned counsel appearing for Ayodhya Development Authority, Ayodhya.
This petition has been filed with the following main prayers:-
"(i) Issue a writ, order or direction in the nature of Mandamus thereby directing the Opposite Parties to remove the dam from the land of the petitioner as per promise of the District Magistrate, District- Ayodhya, contained as Annexure No. 3 to this writ petition.
(ii) Issue a writ, order or direction in the nature of Mandamus thereby directing the Opposite Parties to provide compensation to the petitioners alongwith interest and solacium etc. as per Land Acquisition Act, with respect of Land Gata No. 151Ga measuring area 0.0310 hectare and Land Gata No. 152, the land divided in 1/5 parts as a legal heirs and measuring areas i.e. 0.0736 hectare, 0.0736 hectare, 0.0736 hectare, 0.0736 hectare & 0.0736 hectare, which situated at Village and PostMoiya Kapoorpur, Tehsil-Sohawal, District-Faizabad (now Ayodhya) was acquired by the party opposite No. 3 for renovation/beautification of Samada Lake and Bird Sanctuary, in the interest of justice."
Learned counsel for the Ayodhya Development Authority, Ayodhya, on the basis of instructions sent by Satyendra Singh, Secretary to the Ayodhya Development Authority
dated 18.09.2024 has stated that indeed due to wrong alignment shown in the map embankment has been constructed on the land of the petitioner.
It has been submitted that adjacent to such embankment is 'Samda Jheel' and because of rainy season it is not possible to correct the alignment of the embankment and as soon as the rainy season is over and the weather permits, the respondents shall straighten the alignment . The land of the petitioner shall be accordingly released.
Let a counter affidavit be filed by learned counsel for the respondents within three weeks. One week time thereafter is granted to learned counsel for the petitioner to file rejoinder affidavit.
List this matter on 24.10.2024.
(Brij Raj Singh, J.) (Sangeeta Chandra,J.)
Order Date :- 19.9.2024 dk/
Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petitioners are entitled to a writ directing removal of a dam constructed on their land and provision of compensation under the Land Acquisition Act.
Param Prakash Singh And 4 Others
State Of U.P. Thru. Prin. Secy. Deptt. Of Housing Urban Planning Govt. Lko And 3 Others
Ayodhya Development Authority, Ayodhya
Sangeeta Chandra
Brij Raj Singh
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
