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Neutral Citation No. - 2025:AHC:17783-DB Court No. - 21 Case :- WRIT - C No. - 41644 of 2024 Petitioner :- Kamaluddin Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anshuman Singh,Prateek Mishra,Siddhartha Baghel Counsel for Respondent :- C.S.C.,K.R. Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The prayer made in the instant petition is for a direction to respondent no. 3 to pay compensation to the petitioner for Gata No. 196 Ka, area 0.121 hectare Village Mirzapur, Tappa Khuthan, Pargana Haveli, Tehsil Sadar, District Gorakhpur as per provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013. 2. Learned counsel for the petitioner submits that the subject land belongs to the petitioner on basis of a sale deed dated 19.07.1991. The petitioner has not been paid compensation for the subject land so far. 3. Sri K.R. Singh, learned counsel appearing for GDA, submits that the subject land was acquired under the provisions of the Land Acquisition Act, 1894. An award was declared on 29.07.2010. It is open to the petitioner to approach the Special Land Acquisition Officer and pray for release of compensation. He submits that the petitioner instead of making prayer for payment of compensation to him moved application on 29.11.2018 challenging the action of the respondents in acquiring the land and also prayed for release of the acquired land. He submits that the case set up by the petitioner is inconsistent. He further submits that a supplementary award was
also made but that was not in relation to the subject land. 4. We have gone through the representation dated 29.11.2018 and we find the submission of Sri K.R. Singh, learned counsel for GDA, to be correct. The petitioner therein has prayed for release of his land. In the subsequent representation, he has disputed the quantum of compensation awarded and has claimed a higher compensation. 5. It is also pertinent to note that in the present petition the petitioner is claiming compensation, as per Act No. 30 of 2013, which in the facts and circumstances, noted above, would not apply at all. 6. We, thus, find no merit in the petition.
It is left open to the petitioner to approach the Special Land Acquisition Officer for release of compensation amount and in which event the Special Land Acquisition Officer shall consider the entitlement of the petitioner and order accordingly. 7. The petition stands disposed of. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.2.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad