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2025 DAILYLAW 167522 (ALL)

SMT. URMILA DEVI @ URMILA PAL v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT SECTT. LKO. AND 2 OTHERS

WRIC/9602/2025 · 2025-09-26

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9602 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Nishant Shukla, learned counsel appearing on behalf of Lucknow Development Authority. 2. This petition has been filed with the following main prayers:- "i. Issue a writ, order or direction in the nature of mandamus commanding the opp. Parties concerned to enhance compensation of petitioner related structure No.KAL/23 mentioned at Sr. No.25 of list of valuation cost as contained (Annexure No.1) regarding determining the valuation of construction of plot of petitioner Rs.12,00,000/- from Rs.2,61,488/- and also provide the same to petitioner in the interest of justice. ii. Issue a writ, order or direction in the nature of mandamus commanding the opp. Party no.2, (District Magistrate, Lucknow) and 3 (Vice Chairman, Lucknow Development Authority, Lucknow) to consider decide the petitioner application dated 22.08.2025 (Annexure No. 4) and 05.05.2025 (Annexure No. 2) and provide the fair and proper compensation of the construction made on plot of petitioner of Rs.12,00,000/- in place of Rs.2,61,488/- in the interest of justice." 3. It is not clear as to whether any acquisition proceedings took place for the said land/structure thereon as no details of any notification issued under the new Land Acquisition Act, 2013 have been mentioned in the pleadings on Versus Counsel for Petitioner(s) : Kuldeep Singh Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Smt. Urmila Devi @ Urmila Pal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Urban Development Sectt. Lko. And 2 Others .....Respondent(s) record. However, upon perusal of the representation made by the petitioner dated 22.8.2025, it is evident that the land was acquired by the State Government for the benefit of the Lucknow Development Authority for Mohaan Road Aavasiya Yojana, Bhag-1 in Village Kaliya Kheda, Tehsil Sarojni Nagar, District Lucknow, sometimes in the year 2015-16. 4. The petitioner's house/boundary wall/shop were evaluated and on the basis thereof, the amount of compensation for the land acquired has been determined. The petitioner wants enhancement of the same. 5. The remedy available to the petitioner is to file an appeal under Section 64 of the Act of 2013 for enhancement of compensation. 6. The writ petition stands disposed of. September 26, 2025 Sachin WRIC No. 9602 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench