PRADEEP KANT, NARAYAN SHUKLA, JJ. - (1.) NOTICE on behalf of the opposite parties Nos. 1 and 2 has been accepted by the chief standing counsel. Shri Jyotinjaya Verma has accepted notice on behalf of the opposite party Nos. 3 and 4. Despite notice, Shri Jyotinjaya Verma is not present.
(2.) HEARD Shri Surya Kant Singh learned counsel for the petitioner and the learned standing counsel. Petitioner's grievance is that certain portion of his land has been used by constructing a road by the Nagar Nigam that too without taking any acquisition proceedings and without his consent in writing and without giving him any compensation.
(3.) NAGAR Nigam is not at liberty to take possession of the land of any portion nor is authorised to take possession of the land or any portion thereof of any person unless the land is acquired or requisitioned under the provisions of the relevant Act or is taken by negotiation after obtaining consent in writing. The practice of taking possession and using the land of the individual or a group of persons, without following the prescribed procedure has become very common which cannot be appreciated and we take judicial notice of the same, as such cases are coming before the High Court very frequently.;