Smt. Padmavati and 3 Others v. State of U.P. and 2 Others

Chief Justice's Court Case :- WRIT - C No. - 37881 of 2023 Petitioner :- Smt. Padmavati And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhinav Gaur,Dinesh Kumar Yadav,Sr. Advocate Counsel for Respondent :- C.S.C.,Arun Kumar,Harsh Vardhan Gupta Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.

¶1Heard learned counsel for the petitioners, Shri A. P. Paul, learned counsel for the Prayagraj Development Authority and Sri Birendra Kumar, learned counsel for respondent no.6.

¶2The petitioner are residents of Mauja Uskapur Mehmoodabad, Pargana Jhunsi, Tehsil Phulpur, district Prayagraj. Their apprehension is that under the garb of road widening work, their private land may be occupied by the respondent development authority without paying compensation and without following due procedure of law.

¶3Learned counsel for the petitioners submits that if any illegal construction has been made by the petitioner on the government land, certainly the authorities are within their right to remove it. However, if on the personal land of the petitioners, any construction is made, the same cannot be demolished without paying adequate compensation and without following due procedure of law.

¶4Shri A. P. Paul, learned counsel for the Prayagraj Development Authority submits that most of the people residing in the vicinity have made illegal construction and balconies are jutting out into the public road creating hurdles for traffic and causing lot of difficulties to the public. He further submits that private land of the petitioners would not be utilized for widening of the road or any other work without paying compensation to the petitioners.

¶5Learned counsel appearing for the parties have agreed that the documents as sought by the local bodies would be submitted before it, as and when required.

6.Considering the submissions made by the parties, nothing further requires to be adjudicated at this stage. The writ petition is disposed of with a direction to the respondents not to take land of the petitioners or utilize it for widening of the road without following due procedure of law. In case the land owned by the petitioners is to be utilized for widening of the road or for any other work, the same would firstly be acquired and then the Authority would proceed to utilize the land for road widening or otherwise. Order Date :- 2.11.2023 Ravi Prakash (Ashutosh Srivastava, J.) (Pritinker Diwaker, CJ) High Court of Judicature at Allahabad