BALKARAN DAS GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Whether in exercise of writ jurisdiction under Article 226 of the Constitution of India damages/compensation for alleged demolition of certain constructions belonging to the petitioner done by the State or any State instrumentality can be awarded in the facts of this case, is the issue, which engages our attention in this petition.

(2.) Heard Shri Sudeep Seth, learned Senior Advocate, assisted by Shri Sridhar Awasthi, for the petitioner, learned counsel representing the Union of India/Railways and learned counsel representing the State-respondents and perused the records available before us on this writ petition.

(3.) The petition has been filed with the allegation that certain constructions existing on khasra plot no.1689 (New No.163) situate in Tehsil-Rudauli, District-Ayodhya were demolished by the Railways authorities on 27/9/2019 without giving any show cause notice or prior information to the petitioner, that too, in his absence. It has been argued by the learned Senior Advocate, Shri Sudeep Seth representing the petitioner that on account of illegal demolition undertaken by the respondents, the petitioner has been deprived of his right of property to use the same in derogation of Article 300-A of the Constitution of India. Further submission is that the petitioner was never issued any notice prior to demolition; neither any proceedings under Public Premises (Eviction of Unauthorized Occupants) Act, 1971 were undertaken, nor have the respondents followed the provisions of Railways Act, 1989 and the Indian Railways Court for Engineering Department. It has, thus, been argued by the learned counsel for the petitioner that by resorting to illegal demolition existing on khasra plot no.1689 (New No.163) the respondents have since breached Article 19 (1)(g) of the Constitution of India and such action is also in defiance of the constitutional right of the petitioner and enshrined under Article 14 of the Constitution of India as the same is completely arbitrary, hence they are liable to be saddled with compensation and damages to be paid to the petitioner to the tune of Rs.50.00 lakh.