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2025 DAILYLAW 102805 (ALL)

BHANU PRATAP SAINI AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

WRIC/34682/2025 · 2025-10-05

Kunal Ravi Singh, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34682 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard learned counsel for the petitioners; Shri Devesh Vikram, learned Additional Chief Standing Counsel for State-respondents and Ms. Anjali Upadhya, learned counsel for Greater Noida Industrial Development Authority. 2. The instant writ petition has been preferred for a direction to respondent no.2 not to disturb the peaceful possession of the petitioners over un-acquired property being Gata No.1451 admeasuring 1008 Sq. Mtr. situated at Village Chhapraula, Distt. Gautambudh Nagr and for a further direction to respondents to follow the 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 Addl. Chief Standing Counsel informs 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 Versus Counsel for Petitioner(s) : Ashok Kumar Srivastava, Vishnu Prakash Srivastava Counsel for Respondent(s) : Anjali Upadhya, C.S.C. Bhanu Pratap Saini And 6 Others .....Petitioner(s) State of U.P. and Another .....Respondent(s) accordingly. 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 certified 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 twelve weeks, thereafter. October 6, 2025 SP/ WRIC No. 34682 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad