- (1.) The present writ petition has been filed under Article 226 of the Constitution of India, inter alia, making following prayers : (i) issue a writ order or direction in the nature of mandamus commanding the Respondents Nagar Nigam Ghaziabad to pay Rs. 5,00,000 (five lac) as damages for illegal occupation of the Petitioner's plot No. 517 situated in village Chhajarsi, Pargana Loni, Tehsil-Dadarsi, district Gautam Buddh Nagar. (ii) issue a writ order or direction in the nature of mandamus commanding the Respondents not to use the Petitioner's land as garbage land with immediate effect and to remove the earlier garbage put over the land of the Petitioner in a time fixed by this Hon'ble Court. (iii) pass an appropriate writ order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iv) award cost of writ petition in favour of the Petitioner.
(2.) The case of the Petitioner that the Petitioner is owner of Plot No. 517 situated in village Chhajarsi, Pargana Loni, Tehsil-Dadarsi, district Gautam Buddh Nagar, and that for the last two years, the Respondent Nos. 2 and 3 have been putting garbage over the said plot of the Petitioner.
(3.) We have heard Shri P.K.S. Paliwal, learned Counsel for the Petitioner and Shri Brijesh Kumar Dubey, learned Counsel for the Respondent Nos. 2 and 3, and perused the record.;