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2022 Supreme(All) 1639

DEVENDRA KUMAR UPADHYAYA, SAURABH SRIVASTAVA
Balkaran Das Gupta – Appellant
Versus
Union Of India Thru. Secy. Ministry Of Railway, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sridhar Awasthi,Sr. Advocate
For the Respondent: A.S.G.I.,C.S.C.

JUDGMENT :

1. Whether in exercise of writ jurisdiction under Article 226 of the Constitution of India damages/compensation for alleged demolition of certain constructions belonging to the petitioner done by the State or any State instrumentality can be awarded in the facts of this case, is the issue, which engages our attention in this petition.

2. Heard Shri Sudeep Seth, learned Senior Advocate, assisted by Shri Sridhar Awasthi, for the petitioner, learned counsel representing the Union of India/Railways and learned counsel representing the State-respondents and perused the records available before us on this writ petition.

3. The petition has been filed with the allegation that certain constructions existing on khasra plot no.1689 (New No.163) situate in Tehsil-Rudauli, District-Ayodhya were demolished by the Railways authorities on 27.09.2019 without giving any show cause notice or prior information to the petitioner, that too, in his absence. It has been argued by the learned Senior Advocate, Shri Sudeep Seth representing the petitioner that on account of illegal demolition undertaken by the respondents, the petitioner has been deprived of his right of property to use the same in

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