HIGH COURT: No demolition without consent for acquisition or compensation

Prayagraj

The division bench of High Court  has ordered status quo  on the demolition of the construction involved in the widening of Sandaha Highway from Varanasi Court via Ashapur , said that the state government should not demolish the construction without taking over or agreeing to take compensation from the petitioner.

Delivering the above said order Mr. Justice MK Gupta and  Mr. Justice Donadi Ramesh while disposing of the petition of Naseer Ahmed and others,  asked how can the government force the petitioner to take compensation without acquiring the land?

Petitioner’s advocate pleaded  that a large part of his private house in Golghar Kachari, Varanasi has come under the influence of road widening, whereas the land has not been acquired and proper compensation is also not being given. The petitioner has not committed any kind of encroachment.

Meanwhile Additional Chief Standing Advocate Rajiv Gupta apprised  the court that the Executive Engineer of the Public Works Department, Varanasi has informed that one-third of the petitioner’s house has come under widening and as per the Government Order of March 19, 2015, compensation for the land will be given.

The court said, it did not tell whether the acquisition has been done or not? No one’s land can be taken without acquisition. The government advocate said that the government’s stand has been made clear. Therefore there is no need to  file counter affidavit. The court asked, information was not given as to under which law the petitioner can be forced to take compensation.