Neutral Citation No. - 2025:AHC-LKO:48462-DB Court No. - 2 Case :- WRIT - C No. - 7745 of 2025 Petitioner :- Swami Nath Singh And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 4 Others Counsel for Petitioner :- Amrit Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Supplementary affidavit filed by the petitioners is taken on record. 2. Heard learned counsel for the petitioners and learned Standing Counsel for the State. 3. This writ petition has been filed with the following main prayers :- "(i) issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties especially opposite party nos. 2 and 3 to pay the compensation of Gata No.126 measuring area78.066 square meter and Gata No.130 measuring area 111.524 square meter situated at Village Behtwa, Tehsil Sarojini Nagar, District Lucknow to the petitioners under the Right Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within the stipulated period of time as deem fit by this Hon'ble Court ; (ii). Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties especially opposite party no. 3 i,e, (Additional District Magistrate (Land Acquisition), Sharada Shayak Pariyojna, Lucknow) to decide the representations dated 19.05.2025 and 24.05.2025 moved by the petitioners respectively and pay the compensation under the Right Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on the basis of registered sale deeds, in the interest of justice. The photocopy of representations dated 19.05.2025 and 24.05.2025 is being annexed as Annexure No. 1 & 2 to this writ petition." 4. Learned counsel for the petitioners submitted that the petitioners were the owners of land of Gata No.126 situated in Village Behtwa, Tehsil Sarojini Nagar, District Lucknow ad-measuring 840 sq.ft i.e. 78.066 sq.mt from its recorded tenure holder Smt Gayatri Pandey, wife of Rakesh Kumar Pandey, on 19.07.2022 for a sale consideration of Rs.4,80,000/-. After she constructed a four ft high boundary wall over the plot, it was informed to her that the said plot of land had been acquired for A.T.S. Commando Training Centre. The Petitioners have no knowledge of such acquisition. 5. On enquiry being made from the Area Lekhpal, it was informed that the entire plot No.126 had been acquired. The petitioners thereafter contacted her seller Smt. Gayatri Pandey but the seller also indicated ignorance in the matter. The petitioners are recorded as Bhumidhar with transferable rights in the revenue records on the orders passed on mutation application by the Naib Tehsildar in Case No.15322 of 2022. 6. Since the petitioners are not being given any compensation, this writ petition has been filed with the aforesaid prayers. 7. Learned Standing Counsel for the State on the basis of written instructions says that the land in question was proposed to be acquired and Section 11 of acquisition under the new Act was issued on 18.09.2021. The petitioner bought the property on 26.07.2022 without seeking permission as is required under Section 11 from the competent authority. On 03.09.2022, Section 19 of acquisition was issued and the award was declared on 23.05.2023. Before declaration of award, notice was issued to the recorded tenure holder, in this case one Raj Kumar, recorded as tenure holder of the property in question and notice was issued on 12.06.2023 to him. 8. From perusal of the written instructions, which is taken on record, it appears that there is a dispute regarding apportionment and the matter should be referred under Section 76 to the competent authority by the Collector. 9. We therefore, direct the respondent no.3 to consider and decide the representation of the petitioners by a reasoned and speaking order and if necessary, refer the matter under Section 76 of the Land Acquisition, Rehabilitation and Resettlement at the earliest. 10. The writ petition is disposed of. Order Date :- 19.8.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench