Allahabad High Court
Madhu Tyagi vs State Of U.P. And 14 Others on 25 September, 2018
Bench: Amreshwar Pratap Sahi, Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - C No. - 31826 of 2018
Petitioner :- Madhu Tyagi
Respondent :- State Of U.P. And 14 Others
Counsel for Petitioner :- Amul Kumar Tyagi,Santosh Kumar Shukla
Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Bachchoo Lal,J.
Heard Sri Santosh Kumar Shukla, learned counsel for the petitioner.
The grievance of the petitioner is that in spite of having fought civil litigation and the property having been restored in the documents in the name of the petitioner, the possession is not been delivered as unauthorized persons have encroached over it. It is further submitted that the petitioner had approached the Commissioner on "Mitra Divas" and the learned Commissioner in the presence of the authorities concerned has issued directions to enable the petitioner to obtain possession of that part of the land which is still vacant and further to take action in the matter.
From the order of the Commissioner we further find that on some part of the land the Nigar Nigam has raised a water tank and the Education Department has constructed a Primary School. This prima facie also appears to be unauthorized. A recommendation has been made by the Commissioner to award compensation to the petitioner in relation to such unauthorized occupation by the government itself.
So far as the private dispute with the respondents 5 to 15 is concerned the petitioner has already sought the remedy before the Civil Court and the petitioner can get it executed through the appropriate process but in view of the recital contained in the order of the Commissioner dated 3.5.2018 that the Municipal Corporation and the Education Department have forcibly occupied land, we find it necessary that the District Magistrate Meerut himself examines this aspect, and in the event it is found that the water tank has been constructed by the Nagar Nigam of Meerut and if some Primary School has been constructed by the Education Department, then it will be a violation of the rights of the petitioner enshrined Under Article 300-A of the Constitution of India which provides that no person can be deprived of his property save by authority of law.
If the water tank and the primary school have been constructed without taking recourse to law then it is the bounden duty of the District Magistrate to proceed for award of compensation if it has been occupied as stated in the order of the Commissioner dated 3.5.2018.
We therefore give liberty to the petitioner to seek her remedy in respect of private respondents before the appropriate forum and in the event there is any criminal tress pass by any unauthorized person it will be open to her to lodge a First Information Report before the police station concerned.
So far as occupation of land in respect of the water tank and the primary school is concerned the District Magistrate in the event finds that the land of petitioner has been occupied without any acquisition or requisition then he shall proceed for award of compensation to the petitioner in accordance with law for which he shall pass orders within three months of the date of production of certified copy of the order after calling a report from the revenue authorities in this regard.
In the event the District Magistrate fails to respond and is unable to discharge his obligations as per this direction it will be open to the petitioner to seek such remedy before this Court as may be available under law.
Disposed off with the above directions.
Order Date :- 25.9.2018
Masarrat
