Court No. - 21
Case :- WRIT - C No. - 15182 of 2018 Petitioner :- Saroj Devi And 2 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Moti Lal Chauhan Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and Sri Rakesh Kumar Mishra, learned counsel for the Union of India.
Plot no. 32 situate in village Baghrawan, Tehsil Lalganj, district Azamgarh was subject matter of acquisition by the National Highway Authority of India, Varanasi for road widening.
Grievance of the petitioner is that though only an area 1575 sq. meter of the said plot was notified for acquisition but while taking possession the respondent authority has taken possession over an extra area 625 sq. meter of the said plot though the said area was not notified for acquisition. Petitioners claim that they are entitled to be paid compensation for the extra area which has been taken over by the respondent authority illegally and without any acquisition proceedings.
The issue is one which requires investigation into the question of fact, as such, no useful purpose would be served by keeping this petition pending and calling for a counter affidavit.
In view of above, we dispose of the writ petition giving liberty to the petitioner to make a fresh representation ventilating his grievances before the respondent no. 4, Special Land Acquisition Officer, district Azamgarh annexing therewith all relevant documents in support of the claim and a certified copy of this order within two weeks from today, with the direction to the said authority that in case any such representation is made, he shall consider and decide the same in accordance with law by means of a reasoned and speaking order within a further period of four weeks from the date of making of the representation, after notice and opportunity of hearing to all concerned.
Order Date :- 26.4.2018 nd