Allahabad High Court
Indrapal Singh And 10 Others vs State Of U.P. And 2 Others on 9 July, 2019
Bench: Bala Krishna Narayana, Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - C No. - 12488 of 2019
Petitioner :- Indrapal Singh And 10 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Jagdev Singh
Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J.
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the respondent nos. 1 to 3.
The instant writ petition has been filed by the petitioners with the following prayer to :-
(i) issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the requisite amount of money to the petitioners for acquiring permanently their land for the purposes of constructing Ring Road and also restrain them from acquiring, improving, widening or doing any other work.
(ii) issue a writ, order or direction in the nature of mandamus commanding the Union Government/ State Government to setup an enquiry of any independent agency to brought to books the erring officers, who have acquired the land of the petitioners in high handed manner without giving them the required compensation and pocketed crores of rupees.
(iii) issue any suitable writ, order or direction in addition to and in supplementary to referred to above, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(iv) award the cost of the writ petition to the petitioners.
The contention of the learned counsel for the petitioners is that the petitioner nos. 1, 2 and 3 are owners of Khasra No. 38 and 41 of village- Shadullahpur and Khasra No. 2 and 8 of village- Chakbikani, petitioner nos. 4 & 5 owners of Khasra No. 19 and 55 of village- Shadullahpur, petitioner no. 6 owner of Khasra No. 48 of village- Shadullahpur, petitioner nos. 10 and 11 owners of Khasra Nos. 38 and 48 of village- Shadullahpur and Khasra Nos. 2 & 8 of village- Chakbikani of Tehsil, District- Amroha. The State Government has utilized the aforesaid land for the purpose of road widening/construction without acquiring it and without granting any compensation to the petitioners.
On the other hand, learned Standing Counsel submits that none of the petitioners' plots have been included in the road widening/construction. The issue whether the State Government has utilized the land for purpose of road widening/construction is an issue of fact which can be decided only on the basis of evidence adduced by the parties and not by us in the exercise of our extraordinary jurisdiction under Article 226 of the Constitution of India.
At this stage, learned Standing Counsel for the respondent nos. 1 to 3 invited our attention to the G.O. dated 12.05.2016 (Annexure No. 4) by which a Committee has been constituted in every district for consideration of such matters.
We accordingly dispose of this matter directing the petitioners to make an appropriate application before the said Committee in terms of the G.O. dated 12.05.2016 (Annexure No. 4). If such an application is filed, the Committee will consider and decide the same within four weeks from the date of the production of a certified copy of the order.
Order Date :- 9.7.2019
KS
