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2025 DAILYLAW 18946 (ALL)

ABDUL RAHMAN KHAN v. STATE OF U.P. AND 2 OTHERS

WRIC/5985/2025 · 2025-08-03

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130636-DB Court No. - 29 Case :- WRIT - C No. - 5985 of 2025 Petitioner :- Abdul Rahman Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manju Verma,Pradeep Verma Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard learned counsel for the petitioner and Shri Ajit Singh, learned Standing Counsel for State respondents. 2. The instant writ petition has been preferred for a direction to respondents to pay compensation to the petitioner for acquiring the plot on Khasra No.154 Kha measuring 0.0300 hects. situated in Village Kharpathar (Dudhi) for the purpose of road construction from Hathi Nala to Shakti Nagar Marg and for a further direction to respondents to decide the petitioner's representation dated 0912.2024 for payment of compensation within stipulated period. 3. The relief so claimed by the petitioner is resisted by the learned Standing Counsel on the premise that in case for construction of the road, the land was utilized, the adequate remedy is also contemplated under the Government order dated 12.05.2016, which provides the creation of the District Level Committee, which would examine the remedy and would also ensure the adequate compensation in light of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He further submits such disputed facts can also be placed before the Authority under the Government Order dated 12.05.2016. 4. Considering the facts and circumstances of the case, without expressing any opinion on merits of the issue, the writ petition stands disposed of asking the petitioner to press his claim for compensation before the District Level Committee and in case any such claim has been set up before the District Level Committee within two weeks from today, we expect that the Committee after due deliberation with the Revenue Officer should proceed to submit a report to the Chairman i.e. concerned District Magistrate and thereafter, entire proceeding is to be finalized within two months from the date of production of certified copy of this order. Order Date :- 4.8.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad