Rajinder Kaur v. Competent Authority-cum-Land Acquisition Officer
2021-03-10
JYOTSNA REWAL DUA, RAVI MALIMATH
body2021
DigiLaw.ai
JUDGMENT : RAVI MALIMATH, J. 1. The petitioner seeks for the following substantive reliefs: “(a) That an appropriate Writ in the nature of Writ of Certiorari or any other appropriate writ, order or restraining the respondents to create any hindrance/obstruction in any of the easementary rights including right of passageway conduit in any manner whatsoever, or to create any hindrance in the peaceful and lawful usage of the property of the petitioner, and directing the respondents to immediately restore the passageway for unproblematic ingress and outgress towards the property of the petitioner. (b) That an appropriate Writ in the nature of Writ of Certiorari or any other appropriate Writ, order or direction directing the respondents to consider the offer of the petitioner for refunding of the compensation qua the damaged left out structure portion and also the land measuring about 56 sq. mts. originally acquired as acceptable and tenable in the eyes of law, since the same does not falls under the road alignment requisite widening of four lane, whereby, directing the respondents-authorities not to create any hindrance in any manner whatsoever till the same is assessed and finalized with due indulgence of the petitioner.” 2. It is further submitted that all the facts are admitted. Irrespective of such submissions, the prayer sought for by the petitioner clearly indicates that he seeks for a decree of an easementary right including the right of passageway conduit in any manner whatsoever, or to create any hindrance in the peaceful and lawful usage of the property etc. 3. It is needless to say that such relief can be granted only by a Civil Court and the Writ Court cannot grant a decree for easmentary right. 4. Hence, the writ petition is dismissed. Pending miscellaneous applications are also dismissed accordingly.