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2014 DIGILAW 1897 (ALL)

Ram Gopal Chauhan v. State of U. P.

2014-07-01

D.Y.CHANDRACHUD, DILIP GUPTA

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JUDGMENT Hon'ble Dilip Gupta, J. In the petition which has been filed in the public interest, the petitioner has stated that the State Government acquired land admeasuring 87.511 hectares of Village-Shahpur Goverdhanpur, Bangar, District Gautambudh Nagar on 2 May 2003 for the purpose of industrial development under the Land Acquisition Act, 1894. The grievance is that though certain lands have been acquired, the fifth respondent is attempting to block the road from the abadi of Village-Shahpur. The reliefs which have been sought are in the following terms: - "1. Issue a writ, order or direction in the nature of mandamus directing the respondent nos.1 to 4 to direct the respondent no.5 not to block the road from the abadi of Village Shahur to joining towards Sector-132 situated over khasra nos.39, 31, 45, 57, 153/5, 161, 175, 195, 258, 315 and 194 village Shahpur Goverdhanur, Banger, Pargana-Dadari, Tehsil-Sadar, District Gautam Buddh Nagar and not to raise the boundary of height 30 feet surrounding the village without making periphery/circular road around the village Shahpur Goverdhanpur, Banger. 2. Issue a writ, order or direction in the nature of mandamus directing the respondents not to damage the sewer line and road of village of Shahpur Goverdhanpur, Banger." 2. The petitioner along with villagers have submitted a representation to the District Magistrate, Gautam Budh Nagar. 3. At this stage, we are of the view that the ends of justice would be met if the grievance is suitably addressed by the Chief Executive Officer, the fourth respondent, after due notice to the petitioner and the fifth respondent. The fourth respondent shall, upon due verification of the grievance, communicate a reasoned order to the petitioner and to the fifth respondent, preferably within a period of three months of the receipt of the representation together with a certified copy of this order. The fourth respondent would, if the grievance is found to be genuine, be at liberty to take appropriate steps and issue necessary directions to ensure compliance with law. Since the grievance involves verification of the facts, we clarify that we have not expressed any opinion, one way or the other, since we have primarily left it open to the fourth respondent to make a determination in the first instance. The writ petition is, accordingly, disposed of.