RAVINDRA PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The case of the petitioner is that he, along with his brothers, is the owner of Khata no. 542 situated in village Koda, Jahanabad, Tehsil Bindki, District Fatehpur. It is not disputed that a road, maintained by the U.P.Public Works Department, passes through the plot of the petitioner which was constructed sometime in the year 1955. According to the petitioner, only 400 meters of land from plot no. 542, was utilized for construction of the said road which would be clear from the records of the revenue department and there is no grievance regarding the same.

(2.) The grievance of the petitioner is that in the year 2003, when the project for widening of the said road was carried out under a scheme of the World Bank, a further area of 1989 sq. meters of land of plot no. 542 was utilized for such widening, without resorting to the procedure for acquisition under the Land Acquisition Act or following any procedure prescribed by law, or on payment of any compensation to the petitioner and his brothers. It is contended that eversince the taking over of the land of the petitioner, he has been running from pillar to post but no compensation has been paid. He has thus filed this writ petition with the prayer for a direction in the nature of Mandamus commanding the respondents to pay the compensation for the land of Khata no. 542 situated in village Koda, Jahanabad, District Fatehpur which has been taken by the respondents for widening of the road and also pay 18% interest thereon.

(3.) We have heard Sri Manu Khare, learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents and have perused the record. Pleadings between the parties have been exchanged and with consent of the learned counsel for the parties, this writ petition is being disposed of at the admission stage itself.