- (1.) THESE three writ petitions have been filed practically for the same relief and, therefore, all the writ petitions have been clubbed together and are being decided under this common judgment.
(2.) PETITIONERS before this Court feel aggrieved by the general notice published in newspaper by Executive Engineer, Nirman Khand -1, Public Works Department, Aligarh, whereunder the resident of the area concerned have been informed that certain constructions raised have encroached upon the Agra -Mathura Marg, these have been earmarked and such encroachment must be removed, failing which the same shall be got demolished. The expenditure in that regard shall be recovered from the owner of the constructions. Counsel for the Petitioner submits that no notice was issued before earmarking the portion and further that the Petitioners have not encroached upon any land adjoining the highway Agra -Mathura. He submits that demarcation of the building without notice and opportunity for the purpose of demolition is unjustified.
(3.) IN the facts and circumstances of the case we are of the considered opinion that issues of identity and ownership of immovable property are involved which require examination of evidence. Therefore, the grievance of the Petitioner can be more appropriately examined by the Respondent No. 2 i.e. District Magistrate/Collector, Aligarh at the first instance.;