Subhash Yadav and 3 Others v. Union of India and 4 Others

Court No. - 21 Case :- WRIT - C No. - 36488 of 2023 Petitioner :- Subhash Yadav And 3 Others Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Pankaj Kumar Shukla,Ramji Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Gaurav Kumar Chand Hon'ble Manoj Kumar Gupta,J. Hon'ble Donadi Ramesh,J.

¶1Case of the petitioners is that plot No. 355-kha recorded in their name in revenue record is getting affected by the widening of an existing road. The respondents have not issued any formal notification for acquisition of the same but are constructing road over it. The petitioners have prayed for a direction to the respondents not to disposes the petitioners from the said land until compensation is paid to them.

¶2Shri Gaurav Kumar Chand, learned counsel appearing for respondents No. 1,2 & 3 and Shri Rajiv Gupta, learned counsel appearing on behalf of respondents No. 4 & 5 submit that claim of the petitioners has to be examined by the Committee in terms of Government Order dated 12 May 2016.

¶3In our opinion, this will sub-serve the ends of justice.

¶4Accordingly, without expressing any opinion on merit, the writ petition is disposed of with liberty to the petitioners to file fresh representation along with documentary evidence and true attested copy of the instant order before respondent No. 5 within two weeks from today. In that event, respondent No. 5 will place the representation before the Committee for being decided in accordance with law after proper survey of the site in presence of the petitioners and opportunity of hearing to the petitioners. Order Date :- 19.10.2023 Mukesh Kr. (Donadi Ramesh,J.) (Manoj Kumar Gupta,J.) High Court of Judicature at Allahabad