ASHWANI KUMAR AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/3714/2025 · 2025-04-24
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14039 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14039 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:64204-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.39) Court No. - 21 Case :- WRIT - C No. - 3714 of 2025 Petitioner :- Ashwani Kumar And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rateesh Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The following order was passed on 02.04.2025.
"1. By order dated 02.05.2022 passed under Section 28-A of the Land Acquisition Act, 1894 the compensation amount was enhanced. The petitioners have not been paid the enhanced amount of compensation in terms of the said order so far and hence the instant petition.
2. Learned Standing Counsel has placed on record the instructions received from Special Land Acquisition Officer, Bijnor dated 01.04.2025, according to which the Special Land Acquisition Officer vide letter dated 01.04.2025 has requested the department to make available necessary funds for payment of enhanced compensation to the claimants.
3. The order does not indicate that any effort was made to obtain the required funds in last three years after passing of the order dated 02.05.2022. It is also not clear as to what step has been taken by the Executive Engineer, Irrigation Department to make available the requisite funds to the Special Land Acquisition Officer.
4. Having regard to the facts of the case, we require respondent no. 1 to file his affidavit and indicate the time frame within which payment would be made to the claimants in terms of order dated 02.05.2022.
5. List as fresh on 18.04.2025.
6. Sri Rajiv Gupta, learned Additional Chief Standing Counsel to communicate the instant order to respondent no. 1 for due compliance."
2. Respondent no.1 has filed his affidavit and has indicated that proposal has been received for sanction of the necessary funds for payment of compensation in terms
of award dated 02.05.2022. Two months' time has been prayed for to complete the entire process.
3. Accordingly, the petition stands disposed of with direction to the respondents to ensure payment of enhanced compensation amount to the petitioners within two months from today. Order Date :- 25.4.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad