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2025 DAILYLAW 19548 (ALL)

NATTHU SINGH v. STATE OF UP AND 3 OTHERS

WRIC/5572/2025 · 2025-05-11

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77057-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.27) Court No. - 21 Case :- WRIT - C No. - 5572 of 2025 Petitioner :- Natthu Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Chetan Chatterjee Counsel for Respondent :- C.S.C.,Ishan Deo Giri,Prateek Kumar Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Sri Ishan Deo Giri, learned counsel appears on behalf of respondent no.2. 2. The petitioner has prayed for a writ of mandamus commanding the respondents to obtain sale deed from him in respect of Khasra No. 164 having an area of 0.1750 hectares situated at Village- Laheraven, Tehsil- Chandausi, District- Sambhal acquired by the respondents under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. Learned Standing Counsel has placed on record the instructions received from Special Land Acquisition Officer, Sambhal/Moradabad. The stand taken therein is that an area measuring 0.1750 hectare of Gata No. 164 was acquired under the provisions of the Act. An award was declared on 30.12.2022. The respondent have issued a notice to the petitioner for release of compensation of Rs. 32,66,248/- in respect of his share in the said land which according to the respondents was 875 Sq. Mtr. The petitioner has not responded to the notice and therefore, the amount was deposited with the Land Acquisition, Rehabilitation and Re-settlement Authority on 14.09.2023. 4. Learned counsel for the petitioner submits that the petitioner is entitled to compensation for an area measuring 0.1750 hectare and not as per the share determined by the respondents. He further submits that the compensation should be paid to the petitioner by treating the land to the abadi land and not agricultural as has been done by the respondents. 5. In our considered opinion, the aforesaid issues relating to apportionment of the compensation amount amongst the co-sharers and adequacy of the compensation amount would fall within the purview of adjudication by the Authority as per provisions of Sections 64 and 76 of the Act. 6. In view of it, we dispose of the instant petition with liberty to the petitioner to avail the legal remedies available under the Act. Order Date :- 12.5.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad