Mohammad Ahmad Khan v. State of U. P. Thru Secy. and Others
2013-01-17
SHIVA KIRTI SINGH
body2013
DigiLaw.ai
Dilip Gupta, J.— Heard learned counsel for the petitioner and learned counsel for the Municipal Corporation, Allahabad. This public interest litigation has been filed to direct the authorities to compensate some shopkeepers whose shops have been allegedly demolished and they have lost their means of livelihood. Already this Court has taken note of the ongoing drive for removal of encroachments from roadside land in the concerned area and by order dated 10.01.2013, another writ petition bearing Writ - C No.1538 of 2013 was disposed of with certain liberty to the shopkeepers and persons who may be adversely affected on account of illegality or excess caused in course of removal of encroachments from roadside land. The removal of encroachments from roadside land was pursuant to an order passed in a public interest litigation bearing Public Interest Litigation (PIL) No.4003 of 2006 (Re: Ganga Pollution vs. State of U.P. and others). In view of the aforesaid liberty, the persons who feel that any illegality was committed against them in course of removal of encroachments from roadside land in the concerned area, should first make a claim for compensation including alternative arrangement for places before the Municipal Corporation, Allahabad and in case, such individuals are not satisfied with the response of the Corporation, they may proceed further for claiming damages in terms of the liberty granted by order dated 10.01.2013 passed in Writ - C No.1538 of 2013. In view of the earlier orders of this Court noticed above, it will not be proper to proceed with another public interest litigation in the matter. Hence, this writ petition is disposed of with the observation that affected persons may exercise their rights in accordance with the liberty given to the affected persons by order passed by this Court earlier. It goes without saying that if any other judgment of this Court helps the persons affected by removal of encroachments from roadside land, they may base their claim on such judgments also. _____________