Court No. - 33
Case :- WRIT - C No. - 37533 of 2018 Petitioner :- Anil Kumar Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Dinesh Pathak,Rakesh Pathak Counsel for Respondent :- C.S.C.,Neeraj Dube,Prakash Chandra Tiwari
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the respondents.
Written instructions supplied by the learned Standing Counsel are taken on record.
The instant petition has been filed for a direction upon the respondents to provide compensation to the petitioner or to return his land bearing Plot No. 501 at village Barha, Pargana, Tehsil & District Pilibhit.
According to the petitioner, his land was utilised without acquiring the same and without payment of any compensation.
On the averments made in the writ petition, by order dated 16.11.2018, the learned Standing Counsel was directed to seek instructions.
The learned Standing Counsel has obtained written instructions from the office of the District Collector, Pilibhit.
According to the instructions obtained by him, the land of the petitioner has neither been utilised nor acquired as sufficient land is already available with the Public Works Department for widening of road and therefore no compensation is payable to the petitioner.
As to whether the land of the petitioner has been acquired/utilised by the respondents therefore becomes a disputed question of fact which can best be adjudicated by a Civil Court in appropriate civil proceeding.
This petition is therefore disposed of with liberty to the petitioner to take recourse to other appropriate civil remedies.
Order Date :- 26.11.2018 Sunil Kr Tiwari