Court No. - 38
Case :- WRIT - C No. - 37048 of 2018 Petitioner :- Jayanti Devi @ Jaypatti Devi And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Abrar Ahmad Siddiqui Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State.
By means of this writ petition, the petitioners have come to this Court raising agrievance that the land indicated in Khasra No.637 area 0.2850 hectare and Khasra No.638 area 0.3200 hectare situated in Gram Dhanecha Atarsuiya Malkhanpur, Tehsil Phoolpur, District Allahabad is being used for construction of road by PWD, although it is a bhoomidhari land of the petitioners.
Learned Standing Counsel was required to seek instruction in the matter but he has not received any instruction.
If the State Authorities are using any land of petitioners for public interest, the petitioners would be entitled to fair compensation.
The writ petition, in absence of any instruction being received by the Standing Counsel, is being disposed of with the direction to the authorities that in case petitioners have clear title over the land and is not encroacher, any construction of road etc. which is in public interest cannot be stopped but can be made only after due compensation to the petitioners.
With the aforesaid observations, the writ petition is finally disposed of.
Order Date :- 26.11.2018 Ajeet (Vivek Varma,J. ) (Abhinava Upadhya,J.)