'Fundamental Right To Shelter Violated': Allahabad HC Orders ₹2L Compensation, Vacant Land For 2 Who Were Unlawfully Dispossessed By Authorities
Live LawRecently, the Allahabad High Court directed the official state authorities to pay a sum of Rs. While awarding the compensation, Justice J.J. Munir held that “They have employed powers available to them and the might of the State to unlawfully deprive the petitioners of their roof and shelter, which they now admit before this Court was on account of not noting earlier orders passed by the Additional Collector and the Additional Commissioner. They have also acknowledged that the petitioners' right under the awasiya patta is a subsisting right.” Factual Background The first petitioner's father, Ramji Lal and the second petitioner's father, Keshav Dayal, were both granted an awasiya patta each by the Land Management Committee, Gram Panchayat Alinagar Kenjra, District Firozabad in 1976, both residential plots being located in Plot No. The Additional District Magistrate passed an order in 2021 directing the Tehsildar/Naib Tehsildar, Sadar Chauri Chaura, Raja Talab to demarcate the petitioners' land, in the event the petitioners' allotment has not been set aside. It is not a case, where, their shelter has been taken away by a lawful act of the State, in furtherance of a larger public interest.” The Court observed that admittedly, petitioners had been dispossessed of their land by the respondent in the exercise of their public functions.
History of this topic
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