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2025 DAILYLAW 103295 (ALL)

CHANDRIKA YADAV AND 8 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/35147/2025 · 2025-10-06

Kunal Ravi Singh, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35147 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 Ajeet Singh, learned Standing Counsel for respondent nos. 3 and 4, Shri Saurab, learned counsel for respondent no. 2 and Shri Manoj Kumar Singh for respondent no. 1. 2. The instant writ petition has been preferred for a direction to respondents no. 2 and 3 to pay compensation within up to date interest to the petitioners in view to the provisions given U/s 3E, 3G(2) and 3H (1&2) of the NHAI Act, 1956 R/w U/s 26 to 1 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and decide the representations dated 09.09.2025 and 27.08.2025 (Annexure No. 2 and 3 to the writ petition) with reasoned and speaking order after giving opportunity of hearing to the petitioners with up to date interest within the stipulated period as may be directed by this Hon'ble Court. 3. At the very outset, learned Standing Counsel informed to 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 Versus Counsel for Petitioner(s) : Anil Kumar, Rajendra Singh Counsel for Respondent(s) : B.K.Singh Raghuvanshi, C.S.C., Mahendra Pratap Chandrika Yadav And 8 Others .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) 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. 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 twelve weeks, thereafter. October 7, 2025 Pkb/ WRIC No. 35147 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad