Court No. - 29
Case :- WRIT - C No. - 25630 of 2018 Petitioner :- Indrajeet Singh Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Siya Ram Verma,Vinay Srivastava Counsel for Respondent :- C.S.C.,Vivek Kumar Rai
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Siya Ram Verma, learned counsel for the petitioner, Sri Vivek Kumar Rai, learned counsel appearing for respondent Nos. 1 and 2 and learned Standing Counsel appearing for respondent Nos. 3 and 4.
The contention of the petitioner is that part of his land Araji No. 31 is being used for the construction of subway by the Railways authorities without acquiring it and without paying the compensation.
Sri Vivek Kumar Rai, on the other hand, contends that no land of the petitioner is being encroached upon and the construction of subway is on the land of the Railways.
In view of the above, there appears to be a dispute with regard to the demarcation of the petitioner's land. The petitioner in this regard has submitted a representation dated 05.05.2018/21.05.2018 to the District Magistrate.
In view of the aforesaid facts and circumstances, we dispose of the writ petition with the direction to the District Magistrate to verify the necessary facts and to report if the construction of subway is being made on any part of the land of the petitioner.
Petitioner is also at liberty to approach the civil court for the purposes of getting the matter adjudicated with regard to any encroachment on his land if the same is not found to have been encroached by the District Magistrate.
With the aforesaid observations, this writ petition is disposed of.
Order Date :- 31.7.2018 Nirmal Sinha