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2022 Supreme(Online)(All) 127

ALLAHABAD HIGH COURT
Not mentioned, Not mentioned
Balkaran Das Gupta v. Union of India


Table of Content
1. petitioner's right to compensation due to demolition involves disputed facts. (Para 3 , 4 , 11)
2. court requires clear legal grounds to award damages under public law. (Para 5 , 7 , 8 , 10)
3. private law rights do not invoke public law damages under article 226. (Para 12 , 14 , 17 , 20)
4. writ petition dismissed; petitioner may seek civil remedies. (Para 21 , 22)

1. Whether in exercise of writ jurisdiction under Art.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 th






















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