Court No. - 38
Case :- WRIT - C No. - 1502 of 2019 Petitioner :- Ram Lal And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sheetala Prasad Pandey Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Sheetala Prasad Pandey, learned counsel for the petitioners and Sri Rajnish Kumar Rai, learned Standing Counsel for the respondents.
By means of this petition the petitioners have raised a grievance that PWD/respondent no.4 is building a road on petitioners' holding described as Gata Nos.261, 262, 282, 250, 254, 283 situate in Village Kotiya Gadon Tappa-Masina, Tehsil Bansi, District Siddhartha Nagar and on Gata Nos.122, 270, 269 situate in Village Jhungawa, Post Kotiya Gadon Tappa-Masina, Tehsil Bansi, District Siddhartha Nagar. Further grievance of the petitioners is that neither any acquisition proceeding has been initiated nor any compensation has been paid for construction of the road.
Learned Standing Counsel was requested to seek instructions in the matter and upon instructions he submits that there is already a 9 feet wide Kharanja road which was built with the agreement of the petitioners. So far the PWD is concerned it has presently no project to construct the road at the particular site and no land of the petitioners is being utilized or acquired by the PWD for construction of any road.
Upon such statement since no land of the petitioners has been taken over or utilized by the PWD, no cause of action can be said to be surviving.
The writ petition is, accordingly, dismissed.
Order Date :- 22.1.2019 Shahroz (Dr. Y.K. Srivastava,J.) (Abhinava Upadhya,J.)