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2025 DAILYLAW 15123 (ALL)

RAJ KUMAR GANGWAR AND 17 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/3418/2025 · 2025-03-03

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30700-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.42) Court No. - 21 Case :- WRIT - C No. - 3418 of 2025 Petitioner :- Raj Kumar Gangwar And 17 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raju Singh Counsel for Respondent :- C.S.C.,Dharmendra Singh Chauhan Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The following prayers have been made in the writ petition: "a. Issue a writ, order or direction in the nature of Certiorari calling for the records and quash the impugned notification dated 30.12.2024 issued by respondent no. 3 under Sub Rule 2 of Rule 20 read with Section 11(1) of The Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 in respect of Aarazi No. 82 & 83 of Village Nawadia Jhada, Pargana- Bareilly, Tehsil-Sadar, District-Bareilly (Annexure No. 1 to the writ petition). b. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent nos.3 either not to acquire the lands/residential houses of the petitioners or to pay adequate compensation thereof as per residential circle rates of the lands and constructions. c. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no.3 to decide the representation of the petitioners dated 19.10.2024 (Annexure No. 8 to this writ petition) within a period as may be fixed by this Hon'ble Court." 2. The final notification under Section 19, we are informed, has yet not been issued nor is under challenge. Section 11 notification is only a preliminary notification, conveying intent of the Government to acquire the land. Unless, it is followed by final notification the Right to Challenge does not crystalize. Moreover, at this stage, there is no question of issuing any direction for payment of adequate compensation as award is still to be passed. 3. At this stage, the petition is dismissed. Order Date :- 4.3.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad