Sumrat and 20 Others v. Union of India and 3 Others

Court No. - 21 Case :- WRIT - C No. - 34511 of 2022 Petitioner :- Sumrat And 20 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Bhagwan Das Counsel for Respondent :- A.S.G.I.,C.S.C.,Prashant Singh Som Hon'ble Manoj Kumar Gupta,J. Hon'ble Donadi Ramesh,J.

¶1Heard Sri Bhagwan Das, learned counsel for the petitioners and Sri Prashant Singh Som, learned counsel for the respondents.

¶2The instant petition has been filed praying for a writ of mandamus directing respondent no.2 to consider representation of the petitioners dated 2.7.2022 and pay compensation to them.

¶3The petitioners allege that the respondents have taken possession of their land for construction of railway line without payment of any compensation to them.

¶4A counter affidavit has been filed by the Railways, in which the stand taken is that railway track is being constructed over the land acquired in the year 1971 and in respect whereof award was made on 28.2.1974.

¶5Learned counsel for the petitioners submits that the respondents have taken possession of some extra land than what was acquired; however, there is no clear averment in this behalf in the representation filed by the petitioners.

¶6The area of excess land allegedly taken by the respondents has also not been disclosed, therefore, we decline to examine the claim in writ jurisdiction.

¶7The writ petition is disposed of with liberty to the petitioners to file fresh representation before the authorities mentioning the exact area, which has been taken over by the respondents in excess of the land acquired and in which event, the same shall be disposed of accordingly by the competent authority within twelve weeks. (Donadi Ramesh, J.) (Manoj Kumar Gupta, J.) Order Date :- 3.11.2023 Noman High Court of Judicature at Allahabad