The Allahabad High Court has asked the Executive Engineer, Kumbh Mela, PWD Prayagraj that if a road is constructed on private land, are they ready to pay adequate compensation for the land to the petitioners or not.
The Division Bench of Justice Manoj Kumar Gupta and Justice Manish Kumar Nigam passed this order while hearing a petition filed by Abhishek Upadhyay and 2 Others.
The prayer made in the petition is for a direction to respondent nos 4 and 5 to pay compensation to the petitioners for having illegally taken over Arazi nos 413M and 414 admeasuring 0.0628 hectare of revenue Village Kotwa, Tehsil Phoolpur, District Prayagraj without any formal acquisition.
The Executive Engineer, Kumbh Mela, PWD, Prayagraj has submitted written instructions in which it is not disputed that the name of the petitioners came to be recorded in the revenue records on the basis of sale deed dated 04.08.2022 in place of the vendors.
The case set up is that there is an old chak road in existence and it is being widened and beautified in view of the ensuing Kumbh Mela.
It is alleged that since in the village consolidation has not been held, therefore, the road could not be recorded in the revenue records.
It is evident from the instructions furnished by the State respondents that at the time of previous consolidation in the village, there was no road in existence on the subject land otherwise it would have been duly recorded. As such, the land in question was private land and the name of the petitioners came to be recorded on the basis of sale deed in their favour.
The Court observed that there is no evidence of the predecessor in the title of the petitioners or the petitioners having given consent to the State to construct road over their land and in such circumstances, the action of the State in occupying the subject land in garb of widening of an alleged existing kaccha road prima facie appears to be without authority of law.
The Court directed respondent no 4 to file his personal affidavit and clarify whether the respondents are ready to pay adequate compensation for the subject land to the petitioners or not by filing his affidavit before the next date.
The Court has fixed the next hearing of the petition on 25.09.2024.
In the meantime, no further demolition of any existing construction of the petitioners over the subject land shall be undertaken, the Court ordered.