DINESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Through the instant petition, the writ petitioner seeks rendition, of, the hereinafter extracted direction(s), upon, the respondents:

(2.) The petioners' land, became acquired, for the requisite public purpose, and, through an award, embodied in Ext. P-4, hence compensation, for, the acquired land(s), of, the petitioner, became determined, vis-A-vis, him. Annexure P-4 became rendered, on 31.10.2013. However, thereafter hence the available records before this Court, rather omit to make any disclosures, vis-A-vis, the petitioner, making agitations, before the authorities concerned, vis-A-vis, the insufficiencies of, determination, of, compensation amount, therethrough, vis-A-vis, him, and, appertaining, to his acquired land(s). Consequently, the award made, on, 31.10.2013, acquires conclusivity. A reading of Annexure P-4, does not, unfold, vis-A-vis, the petitioner making any espousal, therein, vis-A- vis, in sequel, to, the, construction activity, concerned, after, becoming carried, by the Executing Agency the apt lands becoming acquired, for, the relevant purpose, hence his un- acquired hereat writ land, becoming encumbered, with damages, (i) and, conspicuously, arising, from un-scientific excavation, and, construction activity, becoming engaged into hence by the Executing Agency concerned. The effects, of, in contemporaneity, vis-A-vis, the, making, of, a conclusive apposite award, on 31.10.2013, and, also with, the, requisite, afore agitation remaining thereat un-recoursed, by the writ petitioner, does, prima-facie, estops the petitioner, to rear any espousal, before this Court, (i) and, appertaining to his unacquired land, becoming hence amenable, for directions becoming meted, upon the respondents, rather for enabling the writ petitioner, to make, the most profitable, and, suitable user, vis- A-vis, the hereat, un-acquired land, qua theirs afore un-acquired hence raising retaining walls, around or skirting the land, of, the petitioner. Conspiciously, also, with, the, petitioner hiding, the, date, of, commencement, of apt construction activity, and, rather wherefrom, the afore espousal, may, become validly rested, hence also works as an apposite impediment, with this Court.

(3.) Be that as it may, through Annexure P-7, the petitioner made a representation, to the Sub Divisional Magistrate, Sundernagar, District Mandi, hence ventilating therein rather grievance(s), vis-A- vis, the, initiation, of, construction activity, upon the apt acquired land(s), hence, by the Executing Agency concerned, begetting the ill-sequel, vis-A- vis, his un-acquired lands, becoming un-suitable, for any purpose. However, with, in Annexure P-7, the date whereon, the afore construction activity, became carried, by the Executing Agency concerned, remaining un-echoed, rather carries, all upon, the the afore inevitable ill-effects, becoming visited hence, petitioners' espousal, in paragraph-4, of, CMP bearing No. 13370 of 2019, hence the petitioner, rather ascribes therein, qua the, afore imminent damages, becoming encumbered, vis-A-vis, his un-acquired land, the propelling thereof, reason inasmuch, as theirs, becoming sparked by heavy rains. Even though, in the remaining part, of, paragraph-4, of, CMP No. 13370 of 2019, the, writ petitioner scribes the, existence, of, a causal connection, interse heavy rains, vis-A-vis, the un-scientific vertical excavation, of, the acquired lands, for, construction of road(s) thereon (i) yet unless in prompt sequel, to, the executing agency concerned, making excavation, and, diggings, of, the writ petitioners' acquired land, he recoursed rather appropriate mechanism, whereas his omitting to do so, and, whereupon alone, this Court, may be constrained to conclude, that, prima-facie, there exists a causal connection, interse the purported un-scientific and vertical excavation, of, the acquired land, and, the imminent therefrom hence dangers ensuing, to, his un-acquired land. However, for lack, of, availments, by the writ-petitioner, vis-A-vis, all available to him, hence appropriate recoursable mechanisms, and also, with the date, of, commencement, of the afore construction activity, hence by the Executing Agency concerned, rather becoming camouflaged, hence the afore(s), interse causal connection rather becomes snapped. Even otherwise, the afore, is, a disputed, and, also a heavily contentious fact, and, is un-amenabe, for determination, in, writ proceedings.