Allahabad High Court
Shyam Bahadur And 14 Others vs Union Of India And 5 Others on 15 March, 2021
Bench: Sanjay Yadav, Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - C No. - 16619 of 2020 Petitioner :- Shyam Bahadur And 14 Others Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Sheetala Prasad Pandey Counsel for Respondent :- A.S.G.I.,C.S.C.,Rahul Anand Gaur Hon'ble Sanjay Yadav,J.
Hon'ble Jayant Banerji,J.
Shri Sheetala Prasad Pandey, learned counsel appears on behalf of petitioners.
Sri Rahul Anand Gaur, learned counsel appears on behalf of respondent no.1 and the learned Standing Counsel for the State- Respondents. This order shall also govern the disposal of connected Writ -C No.21397 of 2020 (Ravi Pratap Singh And 8 Others Vs. Union Of India And 5 Others) and Writ-C No.20191 of 2020 (Shashi Ranjan Pandey Vs. Union Of India And 5 Others). Petitioners by way of present petition seek following directions:-
"i. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities not to construct the Ram Janki Marg (N.H.227) and not encroach upon the land of the petitioners with acquiring the land or without applying due process of law in the plots of petitioners bearing Gata/Khasra Nos.343Ka/0.0030, 344/0.0100, 345/0.0040, 347/0.0040, 346/0.4760, 282/0.0250, 240/0.0490, 283/0.0020, 349/0.0050, 282/0.0250, 248M/0.2840, 240/0.0490, 283/0.0020, 349/0.0050, 32/0.0130, 311/0.0190. 353/0.6130, 384/0.0060, 284/0.0100, 319,/0.0190, 325/0.0310, 268/0.0250, 375/0.0160, 261/0.0250, 372/0.1960, 323K/0.0050, 378K/0.0560, 369/0.1750, 259/0.0230 hectares situated at Village Vedpur Tappa-Manvarpara Pargana-Nagar Paschim Tehsil Harraiya, District Basti.
ii. Issue a writ, order or directing in the nature of mandamus directing the respondent authorities to remove the unauthorized construction already made in the land of petitioners and restore the land in its original form as it was and pay damages to the petitioners in this regard."
A counter affidavit has been filed by the respondent no.1 wherein in paragraphs 6, 19 and20 it is stated :
"6. That it is pertinent to mention here that petitioners have mentioned the names of village Vedpur Tappa, Manwar Para, Pargana Nagar Paschim Tehsil Harraiya for claiming the compensation but name of above said villages and Gata numbers mentioned in the above said writ petition have not been notified in the gazette dated 20.09.2019 and it is also clarify by the deponent that here is no proposal of the ministry to acquire the land of mentioned villages and gata numbers in the instant writ petition as such the petitioners have no locus standi to file the instant writ petition.
19.That the contents of paragraph no.16, 17 of the writ petition are admitted to this extent that the order of the Hon'ble Court passed on 09.05.2019 but it is clarify here that these case laws will be applied only on those lands holders whose land has been used by the government for construction of any road without giving compensation, but in the above said case lands of the petitioners are not being used for construction of NH 227-A so no question arises to give compensation to them. In the order dated 9.1.2020 the Hon'ble Court held that the petitioners may approach to the committee constituted by the government.
20. That the contents of paragraph no.18 and 19 of the writ petition are not admitted as stated hence denied as false, it is further submitted that no encroachment is being made upon the gata numbers mentioned in the instant writ petition. The proceedings under section 3G of the National Highway Act is going on and the said legal proceedings are going in the last stage to give compensation to all those land holders whose lands are being effected in upgradation and improvement of above said carriage way excluding the permanent land of the pre existing carriage way."
That earlier the petitioner was granted an opportunity to file rejoinder affidavit. However, right to file the same has been closed by virtue of order dated 22.01.2021. However, when faced the stand taken by the respondent no.1 in paragraphs 6, 19 and 20, learned counsel for the petitioners instead of pursuing the matter prays for withdrawal of petition with liberty to avail remedy before the civil court. Prayer is allowed.
Petition stands dismissed as withdrawn with the said liberty. No costs.
Order Date :- 15.3.2021
N Tiwari
(Jayant Banerji,J.) (Sanjay Yadav,J.)