Court No. - 29
Case :- WRIT - C No. - 33144 of 2021 Petitioner :- Radhey Shyam Gupta And 2 Others Respondent :- Union Of India 4 Others Counsel for Petitioner :- Shambhavi Nandan Counsel for Respondent :- A.S.G.I.,Rajnish Kumar Rai,Satish Kumar Rai,Shakti Dhar Dube
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
The grievance of the petitioners are that they are in possession of the house in question which is admittedly constructed on a cantonment land. Recently, this land has been handed over to the Ministry of Railway for extension of Railway Platform. Learned counsel for the petitioners have been asked to vacate the premises in question, as the Railway is in need of the said land.
Learned counsel for the petitioners submits that though their lease has already expired and they have no legal claim over the house in question but they are in possession of the same since last 50 years and, therefore, a direction may be issued to the respondents to provide some alternative land to the petitioners so that they can survive.
Learned counsel appearing for the respondents and Cantonment Board submit that petitioners have absolutely no legal right to continue over the land in question and when the land in question is required in the public interest they are required to vacate the premises immediately.
At this stage, learned counsel for the petitioners submits that purpose of filing this writ petition would be served, if the petitioners may be permitted to file a detailed representation to the Authority and, in turn, the Authority be directed to decide the same, sympathetically.
Learned counsel for the respondents have no objection, if any such representation is being filed by the petitioners. They, however, submits that representation of the petitioners would be considered in accordance with law.
Without expressing any opinion on the merits of the case, the petition is disposed of leaving it open for the parties to act in accordance with law.
Order Date :- 20.12.2021 pks