LAWS(ALL)-2005-8-104

PREM CHANDRA Vs. STATE OF U P

Decided On August 09, 2005
PREM CHANDRA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD Sri A. K. Singh, learned Counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) THIS petition seeking a writ of mandamus to direct the respondents to pay compensation for depriving the petitioner of his land is a classic case of highhandedness and arbitrariness on the part of the State authorities. The petitioner has been dispossessed from his land illegally and forcibly without undertaking any proceedings either for acquisition or even requisition and that too, without any compensation.

(3.) IN effect the respondents had admitted in the counter-affidavit that land of the petitioner was taken and utilized without taking recourse to any legal proceeding. However, attempt has been made to justify the illegal and arbitrary action in the name of public interest.