Court No. - 7 Case :- WRIT - C No. - 443 of 2010 Petitioner :- Shambhoo Lal & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Sunil Kumar Srivastava,Girish Chandra Yadav Respondent Counsel :- C.S.C. Hon'ble Devendra Pratap Singh,J.
Hon’ble Mrs. Jayashree Tiwari,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the parties.
Following order was passed on 21.5.2010.
“Heard learned counsel for the parties.
The following order was passed on 23.4.2001.
“The petitioners have approached this Court with the allegation that without
adopting any procedure known to law, possession of Plots No. 432, 438, 441
and 442 situated in village-Gauhani, post-Ayodhya, Tehsil-Koraon, District-
Allahabad have been illegally taken over by the Public Works Department
and road has been constructed.
The affidavits have been exchanged between the parties and from perusal of
various documents, it appears that till now correct demarcation has not been
made. It is stated that although the chak road on the spot was 8 feet wide but
road has been built 24 feet wide and that is how the plots no. 438 and 441
have been taken within the laid road.
The District Magistrate, Allahabad is hereby directed to ensure that correct
and truthful demarcation of all the aforesaid plots are made whereupon a
report be submitted by him to this Court along with scaled map showing the
position of different plots mentioned above and also the road passing through
it. The respondents shall also explain before this Court as to why the circle
rate is used instead of market rate when there is a specific direction of this
Court that the compensation be paid according to the market rate specially
when the petitioner has annexed certain sale deed along with writ petition.
The respondents are also directed to file counter affidavit along with a
demarcation report together with a correct scaled map showing market rate
also in the connected Writ Petition No.8501 of 2010.
List this case on 21st May, 2010.
The interim order shall continue till the next date.
Let a copy of this order be given to the learned Standing Counsel.”
When the matter was taken up today, learned Standing Counsel states that
though report has been prepared but he has failed to file affidavit as required
in the aforesaid order and seeks further time.
Let affidavit be filed by the next date subject to payment of Rs.5,000/- as cost
to the petitioner on the next date.
List on 9.7.2010. The interim order shall continue till then.”
Today an affidavit sworn by District Magistrate, Allahabad has been filed
allegedly in compliance of the aforesaid order annexing a photocopy of
alleged scaled map. This map when compared to the certified copy of the
Revenue Map appears to be incorrect. It is admitted case of the parties that
road has already been built and as mentioned in the order dated 21.5.2010
consistent position of the petitioners was that the metallic road was to be built
on the chak road itself which was 8 ft. wide but at the site the road has been
built 24 ft. wide. This aspect has not at all been touched. The position vis-a
vis the map has been explained to the learned counsel for the State in the court
and he prays that he will be filing a better affidavit.
Let that be done. The entire record relating to the said road alongwith chart,
measurement etc.be produced by the District Magistrate, Allahabad in the
Court on the next date, if necessary by summoning it from the Public Works
Department.
Learned Standing Counsel has given cheque No. 181850 dt. 19.5.2010 for
Rs.44702/- in favour of Indradaman, Cheque no. 181851 dt. 19.5.2010 for
Rs.44701/- in favour of Balbir, Cheque No. 181852 dt. 19.5.2010 for
Rs.44702/- in favour of Aridaman and cheque No.181853 dated 19.5.2010 for
Rs.44701/- in favour of Dalbir to the learned counsel for the petitioners in the
Court who has issued a due receipt thereof.
List on 6.8.2010. The interim order shall continue till the next date of listing.
Order Date :- 9.7.2010
P.P.