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1993 Supreme(All) 298

B.C.SAKSENA, A.N.GUPTA
NISHATGANJ VYAPAR MANDAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
H.S.JAIN, J.K.Sinha, MANIK SINHA, P.K.MALHOTRA, UMESH CHANDRA

B. C. SAKSENA, J.

( 1 ) COUNTER affidavit on behalf of opposite parties except opposite party No. 6 Nagar Mahapalika, Lucknow have been filed. Rejoinder affidavits have also been filed. As pleadings were complete, with the consent of the learned counsel for the parties, the writ petition was taken up for final hearing. We have heard learned counsel for the parties.

( 2 ) THE petitioner by means of this writ petitition have prayed for a writ of mandamus commanding the opposite parties not to construct the flyover in question in the Nishatgang Area in the city of Lucknow. A further writ of mandamus has been prayed for requiring the opposite parties not to construct any wall near the railway track at gate No. 4 in the Nishatganj area. By way of consequential relief, further writ of mandamus has been prayed for commanding the opposite parties to allow movement of vehicles in the Nishat-gang area and to pay compensation/damages to the affected persons of the locality due to the construction of the flyover.


( 3 ) THE petitioners case is that railway line of N. E. Railway passes through Badshah Nagar Railway station to Charbagh through Nishatganj. A proposal to construct over-bridge in ma
























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