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2025 DAILYLAW 132374 (ALL)

SONI SHARMA v. STATE OF U.P. THRU. PRIN. SECY. AVAS SHAHRI NIYOJAN LKO. AND 5 OTHERS

WRIC/3338/2025 · 2025-04-08

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19647-DB Court No. - 2 Case :- WRIT - C No. - 3338 of 2025 Petitioner :- Soni Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Avas Shahri Niyojan Lko. And 5 Others Counsel for Petitioner :- Indrapal Singh Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioner's land, which she claims to have purchased vide sale deed dated 31.10.2014, measuring 0.0092 Hectare, which is a part of Minjumla Gata 438, is said to have been acquired by the State Government for the Lucknow Development Authority. The contention is that there is a house of the petitioner built thereon, which is the only accommodation available to her and she has a family of 14 persons, who reside therein, therefore, she prays that the land/house should be exempted from the acquisition or another house of equal area should be provided to her. We have perused the provision of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The question is whether under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the petitioner was entitled to rehabilitation, however, we find that the award had already been rendered on 03.02.2025, which has not been challenged. It may require a challenge. Counsel may advise the petitioner appropriately. At this stage, we find that there is some discrepancy in the name of the petitioner as mentioned in the Writ Petition, viz-a- viz the name mentioned in the khatauni and the sale deed. We leave it at that. The Writ Petition stands disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 8.4.2025/Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench