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2025 DAILYLAW 128685 (ALL)

PARSHURAM PANDEY v. STATE OF U.P. THRU. ADDL. CHIEF PRIN. SECY. PUBLIC WORKS DEPTT. LKO. AND 5 OTHERS

WRIC/2586/2025 · 2025-03-26

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17354-DB Court No. - 2 Case :- WRIT - C No. - 2586 of 2025 Petitioner :- Parshuram Pandey Respondent :- State Of U.P. Thru. Addl. Chief Prin. Secy. Public Works Deptt. Lko. And 5 Others Counsel for Petitioner :- Rajeev Narayan Pandey,Niteesh Kumar,Shrashti Mishra Counsel for Respondent :- C.S.C.,Shishir Jain Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Shishir Jain, learned counsel for the opposite parties no. 5 and 6. 2. The only grievance of the petitioner is that the land of the petitioner is required for some project by opposite parties no. 5 and 6 and the petitioner is also willing to sell the land as it has not been compulsorily acquired, but, according to the petitioner, the rate at which the compensation is payable is to the rate applicable to commercial lands, whereas, the opposite parties no. 5 and 6 are pressurizing the petitioner to sell it at residential or agricultural rates. 3. This writ petition is disposed of with the observations/directions that the petitioner shall not be compelled to sell his land unless he agrees to the sale consideration on the rate prescribed to his satisfaction, however, it is open for the opposite parties to acquire the land compulsorily as per law. 4. The land of the petitioner shall not be utilized unless it is purchased as per his consent or acquired compulsorily by the opposite parties. 5. With the aforesaid observations/directions, the writ petition is finally disposed of. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 26.3.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench