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2019 Supreme(SC) 326

D.Y.CHANDRACHUD, NAVIN SINHA
ANIL KUMAR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioners: Mr. Uday Gupta, Adv., Ms. Shivani Lal, Adv., Mr. Hiren Dasan, Adv., Mr. M.K. Tripathi, Adv., Mr. Sulalit Sisodia, Adv., Mrs. Sarla Chandra, AOR.
For the Respondents: Ms. Vibha Datta Makhija, Sr. Adv., Mr. Dhruv Pall, Adv., Ms. Aprajita Mukherjee, Adv., Mr. Samarth Khanna, Adv., Mr. Bharat Singh, Adv., Mr. Raj Bahadur, Adv., Mr. M.P. Gupta, Adv., Mrs. Anil Katiyar, AOR.

JUDGMENT :

Dr. Dhananjaya Y. Chandrachud, J.

1. Leave granted.

2. This appeal arises from the judgment of a Division Bench of the High Court of Judicature at Patna dated 3 January 2018 in a Letters Patent Appeal, [Letters Patent Appeal No. 1929/2016 in Civil Writ Jurisdiction Case No. 25313/2013].

3. The father of the appellant, Lalan Pandey, had constructed a two storied house together with a part of a third floor on Plot No. 1844, appurtenant to Khata No. 228, ad-measuring 0.06 acres, situated at Mauza-Pakri, Ara in the District of Sasaram in Bihar. The land over which the residential house was constructed was acquired in 2006 for the Ara-Sasaram Railway Project.

4. On 7 June 2008, the Collector Bhojpur, Ara submitted a list of persons displaced in consequence of the project undertaken by the Railways. The name of the appellant’s father occurred at serial no. 8 in the list of persons whose residential houses had been fully demolished. A communication was issued on 8 August 2008 by the Executive Engineer (Construction), East Central Railway, Ara to the Deputy Chief Engineer recom





































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