Chiraunji Lal Jaiswal v. State of U.P. and 3 Others

Court No. - 21 Case :- WRIT - C No. - 40329 of 2023 Petitioner :- Chiraunji Lal Jaiswal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Bhan Gupta,Pawan Kumar Rao Counsel for Respondent :- C.S.C.,Arun Kumar,Pawan Kumar Singh Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1The instant petition has been filed praying for a writ of mandamus commanding the respondents to pay compensation to the petitioner before demolishing his house for road widening work on Chhatnag Road, Jhunsi.

¶2The case of the petitioner is that he has not encroached any land and his construction exists over his own land. However, the respondents are threatening to demolish his house for road widening work.

¶3Sri Arun Kumar, learned counsel appearing on behalf of respondent no. 5, on instructions states that only a notice dated 25.09.2023 has been issued to the petitioner stating that he had raised constructions without sanctioned plan and which is going to affect widening of the road. He has been called upon to show cause. He submits that no action would be taken against the petitioner without following the procedure prescribed under law.

¶4Having regard to the stand taken by learned counsel for the P.D.A., we dispose of the instant petition by providing that the construction of the petitioner cannot be demolished except in accordance with law. In case any land of the petitioner is required by the respondents for widening of the road the same can only be taken on basis of amicable settlement or after formal acquisition. (Donadi Ramesh, J.) (Manoj Kumar Gupta, ACJ.) Order Date :- 23.11.2023 Noman High Court of Judicature at Allahabad