High Court of Judicature at Allahabad
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Ram Prakash Pachauri v. Agra Development Authority, Agra And Another - WRIT - C No. 77524 of 2005  RD-AH 7952 (21 December 2005)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This Writ Petition has been filed for a direction upon the respondents not to demolish House No.72 situate at Khasra No.32A, Rashmi Vihar, Mauja Chamrauli, Tehsil/District - Agra.
We have heard learned counsel for the petitioner and Sri Shashi Kant, learned counsel appearing for the respondents and have perused the materials available on record.
Learned counsel for the petitioner submitted that without resorting to any of the provisions relating to acquisition of land, the respondents intend to dispossess the petitioner from the land in dispute for the purposes of constructing a road.
It cannot be doubted that a person cannot be dispossessed without taking resort to the procedure provided under law. In the absence of any acquisition proceedings we fail to appreciate how the petitioner can be dispossessed from his land.
We, therefore, direct the respondents to ensure that the petitioner is not dispossessed from the land in dispute (provided the petitioner is the lawful owner of the premises/land) unless the same has been acquired under the provisions of any Act relating to acquisition.
The Writ Petition is accordingly disposed of.
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