YESHVIR SINGH AND 8 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/11157/2025 · 2025-07-31
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40259 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40259 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:129155-DB Court No. - 29 Case :- WRIT - C No. - 11157 of 2025 Petitioner :- Yeshvir Singh And 8 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anurag Yadav,Krishna Kumar Upadhyay,Mahendra Pratap Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Anurag Yadav, learned counsel for the petitioners and Shri Devesh Vikram, learned Additional Chief Standing Counsel. 2. The instant writ petition has been preferred with a prayer to command the State respondents not to dispossess the petitioners from their houses situated over Plot no.404 in Village Fatehpur Poothi, Tehsil Baghpat, District Baghpat. It is further prayed to command the District Magistrate, Baghpat to constitute a committee as per Government Order dated 12.05.2016 and decide the dispute in accordance with law. 3. Petitioners claim to be owner of Plot no.404 area 0.2020 hectare(2020 sq. mtr.) and out of the said land, an area of 0-0-5 (5 biswansi/31.62 sq. mtr.) was acquired by the Public Works Department U.P. Lucknow on 13.03.1984 under the provisions of Land Acquisition Act 1894 and an award was also passed on
18.09.1986. 4. Learned counsel for the petitioners states that as the Authority has proceeded to expand the width of the existing road and now petitioners are also likely to be dispossessed from their house situated over Plot no.404, the respondent authority may be directed
to proceed in accordance with law and accord adequate compensation as per Right to Fair Compensation and Resettlement Act 2013. 5. Per contra, Shri Devesh Vikram, learned Additional Chief Standing Counsel has placed the detailed instructions duly endorsed by Executive Engineer, PWD, Baghpat. He submits that the existed/disputed constructions for expansion of the road do not fall over the land/plot of petitioners and no proceeding has been drawn to demolish the existing constructions. He fairly states that in case the land in question is required for the expansion of road, definitely the grievance of the petitioners would be considered by the District Level Committee as per Government Order dated 12.05.2016 and he would be paid appropriate compensation in accordance with law. 6. Once the statement of fact through instructions is being placed before us, at this stage, we are not inclined to adjudicate the instant matter as no cause of action survives.
However, in case in future the land in question is required for expansion of road, the same would be acquired as per law and adequate compensation shall be accorded to the petitioners. 7. The writ petition is disposed of. Order Date :- 1.8.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad