Court No. - 4
Case :- WRIT - C No. - 24305 of 2019 Petitioner :- Laxmi Narayan Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- A.S.G.I.,C.S.C.,Neeraj Dube
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
The written instructions are taken on record.
Heard learned counsel for the petitioner, Sri R.K. Jaiswal for respondent no.1, learned Standing Counsel for respondent nos.2 and 3 and Sri Neeraj Dube, learned counsel for respondent no.4.
It has been contended by learned counsel for the petitioner that although the land of the petitioner Khasra No.1361 area .057 hectare, Chhata, district Mathura (hereinafter referred to as plot) was acquired, but till date, no compensation has been paid to him, hence a writ in the nature of mandamus be issued directing the respondents to make payment of compensation to the petitioner in lieu of acquisition of aforesaid plot.
Sri Neeraj Dube on the basis of instructions received by him, has submitted that although the plot in question was proposed to be acquired as is evident from the notification issued u/s 3-A of The National Highways Act, 1956, but later on, after obtaining report from the concerned Tehsildar, it was found that the petitioner's plot was not required and accordingly, the same was excluded from acquisition proceedings and since the petitioner's plot has not been acquired, he is not entitled to payment of any compensation.
Having considered the submissions made at the Bar by learned counsel for the parties and perused the averments made in the writ petition and the documents appended thereto, we dismiss this writ petition at this stage.
Liberty is, however, given to the petitioner to approach this Court again in case his plot is utilized by the respondents for the purpose of road widening or for any other purpose without or after acquiring the same.
Order Date :- 25.7.2019 Shalini