High Court
Case Details
Neutral Citation No. - 2023:AHC:131434-DB Court No. - 40 Case :- WRIT - C No. - 14311 of 2023 Petitioner :- Deepak Kumar Gupta And 62 Others Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Abhishek Kumar Chaubey Counsel for Respondent :- A.S.G.I.,Birendra Prasad Maurya,C.S.C.,Rajesh Kumar Vidyarthi Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
Legal Reasoning
1. Heard Sri Abhishek Kumar Chaubey, learned Counsel for the petitioners, Sri Rajesh Vidyarthi, learned Counsel for Union of India, learned Standing Counsel for the State respondents and Sri B.P. Maurya, learned Counsel for the respondent nos.3, 4, 6 & 7. 2. Present writ petition has been preferred for the following reliefs:- "i. A writ, order or direction in the nature of certiorari quashing the impugned eviction notice/demolition order dated 2.11.2022 issued by General Manager Khadiya Project Northern Coal Fields Limited Khadia, District Sonebhadra pasted on the walls of some of the petitioners in regard to dispossession/demolition of their houses for widening of road UP-MP link road Four Lane work to be constructed by Northern Coal Field Limited Khadia Project, Khadia District Sonebhadra. ii A writ, order or direction in the nature of mandamus commanding the respondents not to interfere into the peaceful possession of the petitioners over their houses built on Khasra No.157, 167, 211 and others situated at Ambedkarnagar (Chilkadand)/Duddhichua Road Shaktinagar/Khadia, Pargana Singrauly, Tehsil Duddhi, District Sonebhadra and further restrain the respondent from demolishing the house of the petitioners in view of eviction notice/demolition order dated 2.11.2022 issued by General manager Khadiya Project Northern Coal Fields Limited Khadia, District Sonebhdra pasted on the walls of some of the petitioners in regard to dispossession/demolition of their houses widening of road UP-MP link road Four Lane work to be constructed by Northern Coal Field Limited Khadia Project Sonebhadra. iii. A writ, order or direction in the nature of mandamus staying the effect and operation of the impugned eviction notice/demolition order dated 2.11.2022 issued by Office of General manager signed by Staff Officer (personal) Khadia Project NCL Khadia, District Sonebhadra only issued to the 68 persons including some of the petitioners which have been pasted on the walls of the petitioners. iv. A writ, order or direction in the nature of mandamus commanding the respondents to decide the representations/objections of the petitioners (Annexure No.6) in regard to illegal arbitrary dispossession from their houses situated in the Ambedkarnagar (Chilkadand)/ Duddhichua Road Shaktinagar/Khadia, Pargana Singrauly, Tehsil Duddhi, District Sonebhadra on which they were residing by building houses/shops from more than four decades without adopting the due procedures of law. v. Issue any other suitable writ petition or direction in the nature of writ which this Hon'ble Court may deem fit and proper in the nature and circumstances of the case. vi. to award costs of this writ petition to the petitioners." 3. The facts in brief are that the petitioners are residing in the Houses over Khasra No.157, 167, 211 situated at Ambedkar Nagar (Chilkadand) Shaktinagar/Khadia, Pargana Singrauli, Tehsil Duddhi, District Sonebhadra. Some of the petitioners have been displaced due to acquisition of land for the Khadia Project Khadia Central Coal Field Limited (now Northern Coal Field Limited Singrauli) under the Coal Bearing Areas Act, 1957 in the year 1981 through Notification No.2081 dated 26.01.1981 and 3303 dated 17.11.1981 and some of the petitioners have been allotted patta as per Rehabilitation Scheme of the Coal India on which they are residing. On 02.11.2022, the petitioners have received notice from the office of General Manager Khadia Project Northern Coal Field Limited Khadia, District Sonebhadra to vacate their houses in view of widening of UP-MP link Marg four lane road till Duddhichua Project. 4. A counter affidavit has been filed on behalf of respondent nos.3, 4, 6 & 7 in which it is stated that the land situated in Village Chilkadand Ambedkar Nagar, District Sonebhadra bearing Khasra No.157, 167 and 211 has been acquired by Northern Coalfields Limited, Khadia area under the Coal Bearing Areas (acquisition and development) Act, 1957 vide Notification No.2081 dated 26.06.1981 and Notification No.3303 dated 17.11.1981 for the purpose of Coal Production and related development works. The persons, whose land was acquired by NCL have already been given compensation by the Company and they have also been provided jobs on fulfilling criteria but the persons/petitioners, who were settled on the plots after acquisition have captured the excess land illegally and as such they are unauthorized occupants. It is also stated that after issuance of notice dated 02.11.2023 three opportunities of hearing were given to the petitioners to appear before the Court of Estate Officer Northern Coalfields Limited Khadia Project but non of them have appeared before the Court. 5. Submission of learned counsel for the petitioners is that the eviction notice/demolition order dated 2.11.2022 has been passed without affording any opportunity of hearing to the petitioners, who are residing over their rehabilitation plots allotted to them in lieu of their land acquired by the Northern Coal Field Limited under the Rehabilitation and Resettlement Scheme. 6. On the other hand, Sri Birendra Kumar Maurya, learned Counsel for respondent nos.3, 4, 6 & 7 submits that all others whose constructions were similar to those of the petitioners and covered the restricted area have already removed their offending constructions and it is only the petitioners who have approached this Court. It is also the case of the respondents that under various orders passed by this Court and the Apex Court, any constructions made in violation of The Uttar Pradesh Roadside Land Control Act, 1945 and other applicable Acts, Rules and Regulations over public land have to be removed. Merely because constructions have been raised and have been allowed to continue for a substantial period will not create any right or defence with the owners to retain such possession. He also submits that there is no violation of principles of natural justice as after issuance of notice dated 02.11.2022 three opportunities of hearing were given to the petitioners but they failed to appear before the Court of Estate Officer Northern Coalfields Limited Khadia Project and that the similar issue has already been decided by coordinate benchs of this Court vide order dated 04.03.2013 passed in Writ-C No.7397 (MB) of 2012 (Birendra Bahadur Singh Vs. State of U.P. and others) and order dated 23.08.2018 passed in Writ-C No.25640 of 2018 (Mohammad Atahar Siddiqui and 8 others vs. State of U.P. and 3 others). It is submitted that the present writ petition is also liable to be dismissed with cost. 7. Considering the facts and circumstances and perusing the orders of coordinate benches, we are not inclined to entertain this writ petition as the controversy involved is similar and, therefore, there is no occasion or reason to take a different view in the present matter. 8. Accordingly, this writ petition is dismissed. Order Date :- 4.7.2023 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad