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2025 DAILYLAW 108519 (ALL)

SURENDRA SINGH v. State of U.P. AND 10 OTHERS

WRIC/40049/2024 · 2025-03-04

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31297-DB Court No. - 21 Case :- WRIT - C No. - 40049 of 2024 Petitioner :- Surendra Singh Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Ashok Kumar Upadhyay,Harish Kumar Shukla Counsel for Respondent :- Aditya Bhushan Singhal,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed under Article 226 of the Constitution of India for the following reliefs:- "i. Issue a writ, order or direction in the nature mandamus directing the respondents to pay the compensation of the Khasra nos. 307 area 0.5060 hectare, 314 area 0.7460 hectare, 315 area 2.2130 hectare, 192M area 0.1260 hectare to the extent of their shares i.e., 0.01243 hectare 1/6 share, 0.1686 hectare 1/3 share, 0.1260 hectare and 1.1340 1/3 share respectively situate in the Village and Post Bisrakh, Jalalpur, Pargana and Tehsil Dadri, District Gautam Buddh Nagar under Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013." 2. The petitioner claims to be co-sharer of the subject land. It is alleged that respondent no. 3 obtained registered sale deeds dated 06.08.2024 11.05.2015 from the co-sharers in respect of the entire area. The petitioner moved a complaint on the Jan Sunwai Portal but no heed was paid to his grievance. The petitioner has therefore prayed for a direction for payment of compensation as per his share. 3. On 17.12.2024, the following order was passed:- "1. Learned counsel for the petitioner seeks time to address the Court as to how he could get relief in the instant petition without getting his share determined in independent proceedings and wherein he may also have to obtain relief for cancellation of the sale deed to the extent of his alleged share. 2. As prayed, put up as fresh on 08.1.2025. " 4. Sri A.B. Singhal, learned counsel for the respondent- Development Authority states that the Development Authority had obtained sale deed from private individuals on basis of the representation made by them in respect of their title and has paid full sale consideration amount. It is not possible for the Authority to examine the dispute relating to share of the petitioner in the subject land or to pay any compensation to him. 5. Once the authority had obtained sale deed from the private individuals after payment of full consideration amount as per the sale deed, we find considerable force in the submission that it would not be possible for the authority to entertain the claim of the petitioner and pay any amount as compensation to him. 6. In case the petitioner feels that the sale deed was obtained by respondent no. 3 from the private individuals in excess of their share in the subject lands, it is open to the petitioner to institute suit for appropriate reliefs or avail such other remedy as may be advised. However, in writ jurisdiction, we are of considered opinion that the issue cannot be decided nor any direction can be issued for payment of compensation to the petitioner. 7. The petition is disposed of with the aforesaid liberty to the petitioner. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 5.3.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad