Umesh Dutt Pandey & 3 Ors. vs Chief Development Officer, ...
2014 Latest Caselaw 4657 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

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Court No. - 24
 

 
Case :- MISC. BENCH No. - 4309 of 2003
 

 
Petitioner :- Umesh Dutt Pandey & 3 Ors.
 
Respondent :- Chief Development Officer, Pratapgarh & 4 Ors.
 
Counsel for Petitioner :- G.C. Sinha
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajiv Sharma,J.

Hon'ble Mahendra Dayal,J.

Heard learned counsel for the parties.

With the consent of learned Counsel for the parties, the writ petition is being disposed of finally at the admission stage itself.

The petitioners are tenure holder of plot nos. 9, 99, 102, 730, over which road has been constructed by the Public Works Department.

Grievance of the petitioners is that without any acquisition or requisition under the Act, the opposite parties are constructing the road/chak marg over their agricultural land and as such, they preferred representation dated 8.7.2003 Pratapgarh to the District Magistrate, but no heed was paid.

Counsel for the petitioners has also submits that requisite  compensation may be awarded in case Public Works Department wants to construct the road over the plot in question. He further submits that till date no compensation has been made.

Accordingly, without entering into the merits of the case, we direct the competent authority i.e. Block Development Officer, Shivgarh, Pratapgarh to determine the compensation and pay the same within a period of six months from the date a certified copy of this order is produced before him.

With these observations, the writ petition is finally disposed of.

Order Date :- 20.8.2014

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