Ram Chandra and Others v. Union of India Thru. Ministry of Road Transport and Highways Deptt. , New Delhi and Others

Court No. - 3 Case :- WRIT - C No. - 10408 of 2023 Petitioner :- Ram Chandra And Others Respondent :- Union Of India Thru. Ministry Of Road Transport And Highways Deptt. , New Delhi And Others Counsel for Petitioner :- Pradyumn Shukla Counsel for Respondent :- A.S.G.I.,C.S.C.,Sarvesh Kumar Dubey,Varun Pandey Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioners, learned Standing Counsel for the State and Sri Varun Pandey, learned counsel for the respondent no. 5. Present writ petition is filed by the petitioners with the following relief:- "(i) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to consider and decide the application dated 05.08.2022 moved by the petitioners regarding the execution of sale deed of the petitioner's land of Gata No. 208 situated in village Rahimabad, Pargana & Tehsil-Safipur, District Unnao acquired by the U.P. Expressways Industrial Development Authority (UPEIDA) in Ganga Expressway Project within stipulated period of time contained as Annexure No. 1 to this writ petition." Learned counsel for petitioners submits that possession of the land is already taken by the NHAI and they may execute the sale deed with regard to the same as is executed with regard to the other villagers Counsel for the petitioners submits that grievance of petitioner would be substantially met in case representation of petitioner for the said purposes is considered and decided in a time bound manner. Learned Standing Counsel has no objection to the same. In view thereof, petitioners are permitted to make a fresh detailed representation to Additional Chief Executive OfÏcer, U.P. Expressways Industrial Development Authority, Gomti Nagar, Lucknow, raising all their grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of their claim within a period of two weeks from today along with a certified copy of this order. In case such a representation is moved by petitioners, Additional Chief Executive OfÏcer, U.P. Expressways Industrial Development Authority, Gomti Nagar, Lucknow, shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of two months from the date a certified copy of this order along with representation is placed before him. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law. With the aforesaid directions, present writ petition is disposed of. (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 4.12.2023 Nitesh High Court of Judicature at Allahabad, Lucknow Bench