LAWS(ALL)-2019-1-24

RAM DARSHAN AND ORS Vs. UNION OF INDIA

Decided On January 08, 2019
Ram Darshan And Ors Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Sri Brijesh Kumar Yadav, learned counsel for the petitioners as well as Ms. Samidha for opposite party No.2 while learned Standing counsel appears for the State of U.P.

(2.) Petitioner says that total acquired land is more than the land given in the notification. It appears that the land of the petitioners i.e. Gata No.204 situated in Village Rampur alias Lokrai, Pargana and Tehsil-Musafirkhana, District Amethi was acquired for widening the National Highway-56 (Lucknow-Amethi Road).

(3.) Ms. Samidha has submitted that the acquisition was made after the joint survey of the site. However, it is very difficult by this Court to ascertain today whether the land which has actually been acquired is more than the notified area or not ? A joint survey will have to be undertaken by the opposite parties with the help of the petitioners. The contention is fortified by Annexure No.3, which is a letter written by the competent authority/Sub Divisional Officer, Musafirkhana, Amethi on 1.1.2018 to the Project Director, National Highway Authority of India, Project Implementation Unit, 1/73, G. Vineet Khand, Gomti Nagar, Lucknow. This order of the competent authority should have been given effect to but we find that despite lapse of about two years, the opposite parties have not done anything in this regard.