Allahabad High Court
Pandhari Hari Lal Yadav And 2 Others vs State Of U.P. And 5 Others on 30 June, 2021
Bench: Manoj Misra, Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- WRIT - C No. - 14100 of 2021 Petitioner :- Pandhari Hari Lal Yadav And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sukesh Kumar,Dharmala Yadav Counsel for Respondent :- C.S.C. Hon'ble Manoj Misra,J.
Hon'ble Dinesh Pathak,J.
The grievance of the petitioners is that without acquiring their land the Public Works Department is seeking to construct a road on petitioners' land.
Whether the land of the petitioners has been acquired or not; whether it has been utilized or not; and whether compensation has been paid or not are all questions of fact which can be addressed by the District Collector, Jaunpur upon a representation made by the petitioners after calling for report from the concerned department/authorities.
We therefore deem it appropriate to dispose off this petition by giving liberty to the petitioners to move a comprehensive representation to the second respondent annexing therewith title document etc. with regard to the land in question. If any such representation is filed within three weeks from today, the District Collector shall call for report from the concerned officers/revenue department as also public works department to ascertain whether the petitioners land has been utilized or not. If utilized, whether land has been acquired or not. If acquired, whether compensation has been paid or not. After examining all the above aspects, he shall pass a reasoned order after giving opportunity of hearing to the parties concerned. It is expected that the aforesaid exercise shall be completed by the District Collector within six weeks from the date of filing of such representation.
With the aforesaid liberty/observation, the petition stands disposed off.
Order Date :- 30.6.2021 AKShukla/-