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2025 DAILYLAW 172949 (ALL)

HIMANSHU RASTOGI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOUSING AND URBAN PLANNING LKO. AND 4 OTHERS

WRIC/10934/2025 · 2025-11-25

Manjive Shukla, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10934 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State and Sri Ratnesh Chandra, learned counsel appearing on behalf of the U.P. Awas Awam Vikas Parishad. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner has sought for the following substantial relief:- "(i) Issue a writ, order or direction, in the nature of Mandamus thereby commanding the respondents authorities, to pay compensation towards acquired land of the petitioner in pursuance of the order of this Hon'ble Court dated 04.07.2024, passed in Writ-C No.5770 of 2024 (Himanshu Rastogi Versus State of U.P. & others), as neither the compensation of the acquired land of the petitioner is determined nor any opportunity of hearing is being given to the petitioner in pursuance of order of this Hon'ble Court." 3. It transpires from the facts that the matter is pending before the Additional District Magistrate/ Special Land Acquisition Officer for making the award. 4. Learned counsel appearing on behalf of the State and the U.P. Awas Awam Vikas Parishad have reassured this Court that the award that is to be passed under Section 23 of the Right to Fair Compensation and Versus Counsel for Petitioner(s) : Ashish Kumar Rastogi Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Himanshu Rastogi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Housing And Urban Planning Lko. And 4 Others .....Respondent(s) Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, shall be passed expeditiously and any procedural issues shall be coordinated between the State and the U.P. Awas Awam Vikas Parishad. 5. In light of the above, we direct the respondent No.4, being the Additional District Magistrate/ Special Land Acquisition Officer, Lucknow, to pass the award within a period of eight weeks from date and once the award is passed, compensation should be paid to the petitioner, if he is so entitled, expeditiously, preferably within a period of eight weeks from the date of passing of the said award. Earlier the Special Land Acquisition Officer vide his letter dated 17.10.2025 has sought information from the Awas Awam Vikas Parishad for providing the entire information including total land to be acquired, to which the Executive Engineer vide his letter dated 18.11.2025 has tendered all the information. 6. With the above direction, the writ petition is disposed of. November 25, 2025 Ashutosh WRIC No. 10934 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench