IMAM HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard earned counsel for the parties for final disposal of the petitions.

(2.) Learned advocates for the parties are broadly in agreement that cases of these petitioners are similar to those in WP(C) No.952 of 2016 in case of Shri Nepal Paul and others v. The Union of India and others decided by learned Single Judge in a judgment dated 10.05.2018.

(3.) The Union of India needed to construct a road for which the Border Security Force invoked emergency powers under Section 17(1) of the Land Acquisition Act, 1894 way back in the year 1993. It appears that the alignment of the proposed road changed and the road was constructed as per the changed alignment. In the process lands of the petitioners were utilized without acquisition. Further attempts at acquisition and passing awards failed due to lapsing. Undisputedly, the Government of India has utilized private lands for public purpose without payment of compensation. In this background, the petitioners have filed these petitions with following prayer: