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2025 DAILYLAW 192050 (ALL)

RAMESH AND 5 OTHERS v. UNION OF INDIA AND 6 OTHERS

WRIC/35184/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35184 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Sri Arvind Srivastava, learned counsel for the petitioners, Sri Pranjal Mehrotra, learned counsel appearing for respondent nos. 3 and 4, Sri Sudarshan Singh, learned counsel for respondent nos. 1 and 2 and Sri Akhileshwar Singh, learned counsel for State-respondents. 2. The petitioners have preferred this writ petition for the following relief- " Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No.7/competent authority/Additional District Magistrate (F&R) Chandauli to pay the amount of compensation as determined under the award dated 08.08.2012 and award dated 10.06.2016 in lieu of acquisition of arazi No. 21m Area 0.00625 hect. and 0.018446 hect. situated in Mauza Ramaupur, pargana Majhwar, Tehsil- Chandauli, District Chandauli and further pay the interest over the same forthwith." 3. Learned counsel for the petitioners in support of his submission, has placed reliance on the order of Division Bench dated 21.01.2025 passed in Writ C No.26440 of 2024 titled as "Satyendra Kumar Singh and another Vs. State of U.P. and others" wherein they had prayed for a direction to the respondents to ensure the payment of rest amount of compensation i.e. sum of Rs.2,51,797/- along with interest to each of the petitioners in lieu of their share in the acquired part of land of Arazi no.21, Village-Ramaupur, Tehsil and District-Chandauli. In the said Versus Counsel for Petitioner(s) : Arvind Srivastava, Mohd. Naushad Siddiqui Counsel for Respondent(s) : A.S.G.I., C.S.C., Pranjal Mehrotra Ramesh And 5 Others .....Petitioner(s) Union Of India And 6 Others .....Respondent(s) proceeding, an objection had also been raised that certain excess amount had been paid to other tenure-holders and after instructions, it had been apprised to the Court that sufficient amount had already been recovered to satisfy the claim of the petitioners and therefore, the Competent Authority would take appropriate decision. 4. Learned counsel for the petitioners states that as the petitioners' matter is moreover on the similar footing, on the spot some excess area had been utilized and till date, compensation had not been paid. Even though with regard to part of the acquired land is concerned, compensation has already been disbursed. He next submits that the said factual aspect may be verified by the Competent Authority/Additional District Magistrate (F&R), Chandauli to pay the amount of compensation as determined under the award dated 08.08.2012 and 10.06.2016 in lieu of the acquisition of arazi No. 21m Area 0.00625 hect. and 0.018446 hect. situated in Mauza Ramaupur, pargana Majhwar, Tehsil-Chandauli, District Chandauli and further pay the interest. 5. Per contra, Sri Pranjal Mehrotra, who appears for respondent nos. 3 and 4, submits that in the instant case, the acquisition took place strictly in accordance with law and in lieu of the acquired land, adequate compensation has already been deposited to the Competent Authority/Additional District Magistrate (F&R), Chandauli. He has no objection in case, the petitioners approach to the Authority for disbursement of actual compensation at this stage, once the corporation has already deposited the amount in lieu of the award. The authority has no say at this stage on account of a claim as has been set up purely on the ground that the award has been made and certain amount has not been disbursed to the petitioners. 6. Sri Akhileshwar Singh, learned A.C.S.C. has also submitted that the petitioners claim rights on the basis of a claim set up by one Satyendra Singh wherein it is writ large that certain excess amount has been made and later on, the same has also been recovered. So far as the relief as has been prayed by the petitioners in lieu of the award, in case certain amount remains, definitely the said aspect can be considered by the Competent Authority especially Land Acquisition Officer, Chandauli, in case, the WRIC No. 35184 of 2025 2 matter is relegated to the Authority concerned. Considering the factual situation as placed before us, it is not in dispute that the land has been utilized for the freight corridor and as per the objections so raised by Sri Pranjal Mehrotra, it is also reflected that the compensation in lieu of the award, had already been deposited. So far as the petitioners have not received some portion of the compensation in lieu of the award, the said aspect can be verified by the S.L.A.O. in accordance with law. 7. Considering the factual situation, we are not inclined to advert on the merit of the case. With the consent of the parties, we dispose of this writ petition with an observation that in case the petitioners move a detailed representation within two weeks before the S.L.A.O./Competent Authority, the same shall be considered in accordance with law. The comments may be asked from the Chief Project Manager, Easetern Dedicated Freight, Corridor Corporation of India, Mughalsarai (Deen Dayal Upadhyay Nagar). The said exercise has to be carried out in further three months' time in accordance with law. October 14, 2025 Sumit S WRIC No. 35184 of 2025 3 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad