Court No. - 33
Case :- WRIT - C No. - 24777 of 2017 Petitioner :- Sunil Kumar Yadav Respondent :- Union Of India Thru' Min. Road Transport & 3 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- C.S.C.,A.S.G.I.,Neeraj Dube,Saurabh Srivastava Hon'ble Manoj Misra,J. Hon'ble Mahboob Ali,J.
The instant petition has been filed for a direction upon the fourth respondent to decide representation of the petitioner in respect of compensation within a stipulated period.
The representation of the petitioner on which the decision is sought is at page 27 of the paper book.
A perusal of the said representation would reveal that it is not specifically stated therein that his land has been acquired and possession taken. Only apprehension has been expressed that the constructions of the petitioner might be demolished. The other representation, dated 26.04.2017, which has been submitted is at page 29 of the paper book. It would show that constructions have already been demolished on 13.04.2017. In the subsequent representation also it has not been stated that possession of the land has been taken.
Further, the petitioner has not enclosed any notification which may suggest that plot of the petitioner has been acquired.
Under the circumstances, it would not be appropriate for us to direct the authorities to take a decision on the claim for compensation. Rather, we consider it appropriate to dispose off this petition with liberty to the petitioner to institute a suit for damages/compensation, as may be advised.
Order Date :- 26.10.2018 AKShukla/-
(Mahboob Ali, J.) (Manoj Misra, J.)