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2021 Supreme(Sikk) 43

J.K.MAHESHWARI
Vivek Newang Rai – Appellant
Versus
Principal Chief Engineer-cum-Secretary, Road and Bridges Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Jorgay Namka.
For the Respondents: Mr. Sudesh Joshi, Mr. Sujan Sunwar, Ms. Sangita Pradhan.

JUDGMENT :

JITENDRA KUMAR MAHESHWARI, J.

1. Heard Mr. Jorgay Namka, learned counsel for the petitioner, Mr. Sudesh Joshi, learned Addl. Advocate General for respondents no. 1 and 3 and Ms. Sangita Pradhan, learned Asst. Solicitor General of India for respondent no. 2 on advance notice.

2. In the present Writ Petition the grievance of the petitioner is that respondents no. 1 and 3 have not acquired the land of the petitioner and in view of the sanction as granted by the Ministry of Road Transport and Highways, Government of India dated 03.01.2013 construction of the road has been completed. This without payment of compensation of the land and/or without legal acquisition of the land belonging to the petitioner construction of the road is undesirable. However, a direction has been sought for against respondents no. 1 and 3 to immediately asses the damages caused to the petitioner’s land and to direct respondent nos.1 and 3 to make compensation to the petitioner or to pass any other orders or directions as deem fit.

3. After hearing the learned counsel for the parties and on perusal of the records that the Ministry of Road Transport and Highways, Government of India vide letter dated 03.0

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