Court No. - 29
Case :- WRIT - C No. - 37839 of 2019 Petitioner :- Deepak Saran Srivastava Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Vibhu Rai,Sumit Kumar Srivastava Counsel for Respondent :- C.S.C.,Suresh Chandra Dwivedi With Case :- WRIT - C No. - 37983 of 2019 Petitioner :- Sushma Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vibhu Rai,Sumit Kumar Srivastava Counsel for Respondent :- C.S.C.,Suresh Chandra Dwivedi With Case :- WRIT - C No. - 37989 of 2019 Petitioner :- Shrawan Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vibhu Rai,Sumit Kumar Srivastava Counsel for Respondent :- C.S.C.,Suresh Chandra Dwivedi
Hon'ble Pankaj Mithal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
In all these petitions the controversy is regarding construction of road in Mohalla Sarojni Nagar, Gorakhpur-Mahrajganj Marg, Mahrajganj. The case of the petitioners is that the respondents without acquiring the land and without their consent are utilizing the same for road widening and are also threatening to demolish their existing constructions.
Learned Standing counsel was given time on the earlier occasion to seek instructions in the matter.
Sri Ankit Gaur, learned Standing counsel has received instructions from the Superintendent of Works, TDCU (NH), PWD, Gorakhpur on 27.11.2019 which states that if the land is required from the concerned gata for construction of Highway, the affected persons would be adequately compensated as per Government Rules so for no demolition has been taken and no road has been constructed.
In view of the above, we are of the view that the writ petitions at this stage are premature, and there is no threat of encroachment of the petitioners land, if any, or regarding demolition in the present.
In view of the above, the writ petitions are directed to be consigned to record.
Order Date :- 29.11.2019 SKS