Court No. - 39
Case :- WRIT - C No. - 20860 of 2018 Petitioner :- Pawan Kumar Tyagi And Another Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Avneesh Tripathi,Ratnesh Kumar Shukla Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra,Thakur Azad Singh Hon'ble B. Amit Sthalekar,J. Hon'ble Rajiv Joshi,J.
Heard Sri Avneesh Tripathi, learned counsel for the petitioners, learned Standing Counsel for respodent nos. 2 and 3 and Sri Pranjal Mehrotra, learned counsel for respondent nos. 4 and 5.
Present writ petition has been filed for issuance of mandamus directing the respondent no.5-Project Director NH 235 Hapur By Pass Project, National Highway Authority of India, Meerut, to grant compensation in respect of the land of Khasra No. 333, of which 1522 square metres, is alleged to have illegally been taken by respondent-authority.
It reflects from the record that land of plot no. 333 was acquired for the purposes of National Highway.
The contention of learned counsel for the petitioners is that much more land of plot no. 333 than actually acquired, has illegally been taken by the respondent authorities. Neither notification regarding the excess area taken has been published nor any compensation has been paid to the petitioners. It is further contended that since excess area of the land has been taken unlawfully by the respondent authorities, as such, the petitioners are entitled for grant of compensation in respect of excess land taken. The petitioners have already made a representation in this regard before the District Magistrate, Hapur on 2.1.2018, on which report was called from the concerned Sub Divisional Magistrate, but no decision has been taken thereon as yet.
As the matter in issue is pending consideration before the respondent no.2, under these circumstances, a direction is issued upon respondent no.2-District Magistrate, Hapur to decide the application of the petitioners dated 2.1.2018, appended as annexure-6 to the writ petition, in accordance with law, expeditiously, preferably, within a period of three months from the date of production of a certified copy of this order.
With the above direction, the writ petition stands finally disposed of.
It is made clear the Court has not adjudicated the claim of the petitioners on merits.
Order Date :- 31.10.2018 Noman