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2025 DAILYLAW 112523 (ALL)

DASU v. STATE OF U.P. AND 3 OTHERS

WRIC/42463/2024 · 2025-03-06

Jayant Banerji, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33171-DB Court No. - 21 Case :- WRIT - C No. - 42463 of 2024 Petitioner :- Dasu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Surat Shukla Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J. 1. Prayer made in the instant petition is for issuing a writ of mandamus directing respondent nos. 2 and 4 to pay compensation to the petitioner for having utilized an area measuring 100 sq. meters of Arazi No. 510, Village Kapsethi, Tahsil Raja Talab, District Varanasi and to decide the representation of the petitioner dated 27.5.2022 within a stipulated period. 2. The case of the petitioner is that the respondents have utilized the aforesaid land of the petitioner without initiating any proceeding for acquisition and also without paying any compensation. 3. Learned Standing Counsel has placed on record the written instructions received from Executive Engineer (Construction Division) 1st, PWD, Varanasi in which it is admitted that 30 sq. meters of the land of the petitioner has got affected. 4. It is stated that the respondents are seeking bank details and other information from the petitioner to facilitate payment of compensation. 5. In our opinion, the question as to how much land of the petitioner got affected as well as the amount of compensation which has to be paid to the petitioner, should be determined by the District Level Committee in terms of G.O. dated 12.5.2016. 6. Accordingly, the instant petition is disposed of with liberty to the petitioner to make a fresh representation along with true attested copy of the instant order before respondent no. 3 within two weeks from today and in which event, respondent no. 3 will transmit the same to the District Level Committee for being decided in terms of G.O. dated 12.5.2016 within next twelve weeks, after giving opportunity of hearing to the petitioner. The District Level Committee will also get the site surveyed to determine how much land of the petitioner was affected. (Jayant Banerji, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.3.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad