Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 156339 (ALL)

GEETA JAISWAL AND ANOTHER v. UNION OF INDIA THRU. ITS SECY. MINISTRY OF RAILWAY NEW DELHI AND 5 OTHERS

/7559/2025 · 2025-08-06

Manish Kumar, Rajan Roy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:45681-DB Court No. - 1 Case :- WRIT - C No. - 7559 of 2025 Petitioner :- Geeta Jaiswal And Another Respondent :- Union Of India Thru. Its Secy. Ministry Of Railway New Delhi And 5 Others Counsel for Petitioner :- Rajeiu Kumar Tripathi Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard Sri Rajeiu Kumar Tripathi, learned counsel for the petitioner and Sri S.B. Pandey, learned Senior Advocate and DSGI assisted by Sri Varun Pandey for opposite party nos. 1 to 6. The allegation is of encroachment on bhumidhari land of the petitioners. A fact which according to the petitioners has come to light on the demarcation proceedings having been concluded after notice to the opposite parties and on its application also. The opposite parties have in fact utilized the land of the petitioners for public purpose. The compensation if any payable to the rightful owners and also to pay the same if they so choose or to purchase it from the rightful owners as per law. We accordingly dispose of this writ petition without recording any opinion on the merits of the case and the grounds taken therein with a direction to the concerned opposite parties, whosoever is competent, to look into the matter, get the facts verified and if it found that bhumidhari land has been utilized for any public purpose without acquiring it as per law or purchasing it, then will consider either paying compensation to the rightful owners as per the Right to Fair, Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or purchase it by negotiating with the rightful owners. Let the aforesaid exercise be completed within three months unless there is any legal impediment. [Manish Kumar, J.] [Rajan Roy,J] Order Date :- 6.8.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench