Court No. - 9 Case :- WRIT - C No. - 35084 of 2010 Petitioner :- Mohd. Farooqui Respondent :- State Of U.P. & Ors. Petitioner Counsel :- S.N. Imam Respondent Counsel :- C.S.C. Hon'ble Vijay Manohar Sahai,J.
Hon’ble Vikram Nath,J.
Heard the learned counsel for the petitioner and the learned standing counsel
for the State-respondents.
The learned counsel for the petitioner urged that without any acquisition
proceeding and payment of compensation the respondents are constructing the
road over the Bhumidhari land of the petitioner.
Counter affidavit be filed by the respondents within one month. Rejoinder
affidavit may be filed within three weeks thereafter. List thereafter.
Considering the facts and circumstances of the case, we are of the opinion that
without any acquisition proceeding and payment of compensation the road
cannot be constructed by the respondents over the Bhumibdari land of the
petitioner.
Until further orders of this Court the respondents are restrained from making
any construction of the road over the Bhumidhari land of the petitioner.
Order Date :- 16.6.2010
pk