Court No. - 1
Case :- WRIT - C No. - 42409 of 2019 Petitioner :- Vikas Chandra Respondent :- District Magistrate And Another Counsel for Petitioner :- Dinesh Mishra Counsel for Respondent :- C.S.C.,Pratik J. Nagar
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Dinesh Mishra, learned counsel for the petitioner, Sri Pratik J. Nagar, learned counsel for the respondent no. 2, learned Standing Counsel for respondent no. 1 and perused the record.
By means of this writ petition under article 226 of the constitution, the petitioner has sought a direction in the nature of writ of mandamus to the respondents to comply with the order of the District Magistrate dated 9.5.2017.
From a perusal of the order, it transpires that when the District Magistrate/Collector, Kaushambi had come to pass the order dated 9.5.2017, the transmission line had not yet been stretched over the area and now it is stated by learned counsel for the respondent that the work of transmission line has already been carried out and the District Magistrate ought to have determined the compensation.
In such above view of the matter, we are relegating the petitioner again before the Collector/District Magistrate to file a fresh application for compensation in respect of the transmission line which has been taken over and above the land of the petitioner. The Collector/District Magistrate shall not only examine the matter but shall also calls service of notice upon respondent no. 2 to take note of the situation for the purpose of determination of compensation. The exercise shall be carried out within a period of six weeks from the date of submission of representation of the petitioner which he shall make within four weeks from today.
With the aforesaid observations and directions, the writ petition stands disposed of.
(Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 19.12.2019 Shiraz