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2025 DAILYLAW 101552 (ALL)

SMT SHEELA YADAV v. STATE OF U.P. AND 3 OTHERS

WRIC/34096/2025 · 2025-09-24

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34096 of 2025 Court No. - 29 (Sl.No. 41) HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard learned counsel for the petitioner and Shri Devesh Vikram, learned Additional Chief Standing Counsel for State-respondents. 2. The instant writ petition has been preferred for a direction to respondents to provide the compensation of the acquired land i.e. Gata no.405 Mi and Gata No.564 Mi, which were utilized by the respondents for beautification of road and for a further direction to respondents not to take over the land of petitioner without following the due procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short the 'Act 2013'). 3. At the very outset, learned Standing Counsel informed the Court that for redressal of grievance of tenure holders, claiming certain right/title over their land, the State Government had issued detailed Government Order dated 12.05.2016, which provides that in case the claimant files claim supported with requisite documents, the same would be considered by the District Level Committee for ensuring adequate compensation in the light of Act 2013. He submits that once the efficacious remedy is available to the petitioners, the matter should be relegated to the District Level Committee, which may examine the claim of petitioners within a reasonable time and submit its report to the Chairman/District Magistrate, who may accord adequate compensation accordingly. Versus Counsel for Petitioner(s) : Jagdish Singh Counsel for Respondent(s) : C.S.C. Smt Sheela Yadav .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 4. Considering the facts and circumstances of the case and the relief prayed in the instant matter, we dispose of the instant petition with liberty to the petitioners to make fresh representation along with true attested copy of the instant order before District Level Committee constituted under the Government Order dated 12.05.2016 within two weeks. In the event, such representation is made, the District Level Committee shall consider the claim of the petitioners and ensure that the proceeding shall be finalised expeditiously, preferably within six weeks, thereafter. September 25, 2025 Ashish Pd. WRIC No. 34096 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad