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2025 DAILYLAW 192417 (ALL)

SMT. ZEBA BABAR AND 10 OTHERS v. NATIONAL HIGHWAY AUTHORITY OF INDIA AND 3 OTHERS

WRIC/36229/2025 · 2025-10-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36229 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Syed Fahim Ahmed, learned counsel for the petitioners and Shri Ambrish Shukla, learned Additional Chief Standing Counsel for State- respondents. 2. The instant writ petition has been preferred for a direction to respondents to provide the compensation of the land of Gata no.359 situated at Village Dungarpur, Tehsil Sadar, District Rampur and for a further direction to respondents not to take over the land of petitioners without following the due procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short the 'Act 2013'). 3. At the very outset, learned Additional Chief Standing Counsel informs to the Court that for redressal of grievance of tenure holders, claiming certain right/title over their land, the State Government had issued detailed Government Order dated 12.05.2016, which provides that in case the claimant files claim supported with requisite documents, the same would be considered by the District Level Committee for ensuring adequate compensation in the light of Act 2013. He submits that once the efficacious remedy is available to the petitioners, the matter should be relegated to the District Level Committee, which may examine the claim of petitioners within a reasonable time and submit its report to the Chairman/District Magistrate, who may accord adequate compensation accordingly. Versus Counsel for Petitioner(s) : Syed Fahim Ahmed Counsel for Respondent(s) : C.S.C., Pranjal Mehrotra Smt. Zeba Babar And 10 Others .....Petitioner(s) National Highway Authority Of India And 3 Others .....Respondent(s) 4. Considering the facts and circumstances of the case and the relief prayed in the instant matter, we dispose of the instant petition with liberty to the petitioners to make fresh representation along with true attested copy of the instant order before District Level Committee constituted under the Government Order dated 12.05.2016 within two weeks. In the event, such representation is made, the District Level Committee shall consider the claim of the petitioners and ensure that the proceeding shall be finalised expeditiously, preferably within twelve weeks, thereafter. October 17, 2025 RKP WRIC No. 36229 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad