Neutral Citation No. - 2025:AHC:18592-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.12) Court No. - 21 Case :- WRIT - C No. - 42820 of 2024 Petitioner :- Horam Singh Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Naveen Kumar Yadav,Pawan Kumar Bhardwaj Counsel for Respondent :- Anjali Upadhya,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed praying for a writ of mandamus commanding respondents no.2 and 3 to return back the area measuring 0.33300, village Luksar, Pargana-Dankaur, Tehsil Sadar, District Gautam Budh Nagar to the petitioner as according to the petitioner it is in illegal occupation of the respondent-Authority. 2. The undisputed facts are that a notification under Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 29.01.2009. Plot no. 454 measuring 1.859 hectare was thereby acquired. It is not disputed that the share of the petitioner in the said land is 0.7330 hectare. The petitioner entered into an agreement with the respondents under the Karar Niyamawali in respect of 0.400 hectare and on basis thereof he was paid compensation. In respect of remaining area measuirng 0.33300 hectare the respondent declared an award under Section 11(1) of the Act on 27.08.2011. The award specifically recites that Rs. 134,94,18,884/- was awarded under Section 11(2) of the Act, Rs. 3,23,23,875/- under Section 11(1) of the Act. Thus total compensation of Rs. 138,17,42,259/- was awarded for the acquired land. 3. Sri Pawan Bharadwaj, learned counsel for the petitioner submits that since the petitioner has not been paid any compensation for the area measuring 0.33300 hectare, therefore, the said land should be returned back to the petitioner. 4. On the other hand, Sri Shivam Yadav, learned counsel for the Development Authority submits that award for the said area has been declared under Section 11(1) of the Act and the same is in deposit as per the statutory provisions. It is open to the petitioner to approach the third respondent to withdraw the said amount. 5. Since the award has been duly made in respect of remaining area i.e. 0.33300 hectare as well and the said amount is in deposit and therefore, we find no good ground to direct restoration of possession of the said land to the petitioner. 6. It is open to the petitioner to approach the third respondent, for withdrawal of the said amount. 7. The instant petition stands disposed of accordingly. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.2.2025 Ashish Pd. Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad