Chedi and Others v. Union of India Thru. Secy. Ministry of Railways , New Delhi and Others

Court No. - 3 Case :- WRIT - C No. - 8667 of 2023 Petitioner :- Chedi And Others Respondent :- Union Of India Thru. Secy. Ministry Of Railways , New Delhi And Others Counsel for Petitioner :- M.Usman Siddiqui Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioners, learned Standing Counsel for the State and Sri Dev Rishi Kumar, learned counsel for the Northern Railways. Petitioners have approached this Court claiming that part of land owned by the petitioner i.e. khasra No. 1603 aa, area 0.0190 hectare, 1603 da area 0.0250 hectare, 1603 ka area 0.1260 hectare, 1603 ga area 0.0160 hectare and 1603 ga area 0.0170 hectare situated in village pargana and Tehsil Safipur, District Unnao are occupied by the respondent-railway authorities without there being any proper acquisition of the said land. Learned counsel for the Railways disputes the correctness of the said statement. In the given facts and circumstances, the Collector, District Unnao is directed to get the land of the petitioner surveyed and demarcated in accordance with law in the presence of petitioners and representative of the respondent-Northern Railways within a period of six weeks from the date of production/receipt of certified copy of this order. With the aforesaid direction, the writ petition is disposed of. It shall always be open for the petitioners to approach this Court in case, if it is found that any of their land is taken over by the railways and railways thereafter is not paying any compensation. It goes without saying that respondent-railway authorities are expected to pay appropriate compensation to the petitioners in accordance with law, in case any of their land is occupied. (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 10.10.2023 Nitesh High Court of Judicature at Allahabad, Lucknow Bench