Court No. - 33
Case :- WRIT - C No. - 39412 of 2018 Petitioner :- Vinod Kumar Saini Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Shrawan Kumar Pandey,Shobh Nath Pandey Counsel for Respondent :- C.S.C.,A.S.G.I.,Neeraj Dube
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
The instant petition has been filed for a direction upon the respondent authorities to provide compensation to the petitioner under the new Land Acquisition Act of 2013. The petitioner has also, in the alternative, prayed for direction upon the respondent authorities to decide representation dated 17.11.2018.
On 3.12.2018, this Court had required Shri Neeraj Dube appearing for respondent 2 to 5 to seek instructions and inform the Court whether the land of the petitioner has been acquired or not and whether the constructions of the petitioner that have been allegedly demolished stood over the land which belonged to the Highways Authority.
Pursuant to the order dated 3.12.2018, instructions have been obtained by Sri Neeraj Dube as well as by the Standing Counsel who represents the State respondents. Both sets of instructions have been passed on to the Court and have been taken on record.
According to the instructions obtained by Sri Neeray Dube, the land of the petitioner has not been acquired under any notification under the National Highways Act, 1956 and, therefore, no compensation is payable.
According to the instructions obtained by the learned Standing Counsel, the land belong to class 6 (2) and, therefore, the petitioner has no right over the land concerned and it was unauthorized encroachment that have been removed from the land.
Be that as it may, as it is not in dispute that demolition has already been carried out, under the circumstances, whether the constructions stood over State land or private land becomes a question of fact which requires leading of evidence. Further, as to what extent damages are to be awarded, if any, would have to be assessed on the basis of evidence. Therefore, without expressing any opinion on the merits of the case, we deem it proper to dispose off this petition with liberty to the petitioner to take recourse to civil remedies either before Civil Court or Revenue Court as may be advised to him.
Order Date :- 19.12.2018 Nadeem Ahmad