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Neutral Citation No. - 2025:AHC:130657-DB Court No. - 29 Case :- WRIT - C No. - 4859 of 2025 Petitioner :- Ram Krishna Respondent :- Union Of India And 4 Others Counter for Petitioner :- Shiva Kant Singh, Ram Swaroop Singh, Abhishek Singh Counsel for Respondent :- Standing Counsel, Pranjal Mehrotra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard learned counsel for the petitioner; learned Standing Counsel for State respondents and Shri Pranjal Mehrotra for respondent no.2. 2. The instant writ petition has been preferred for a direction to respondent no.2-Deputy Chief Manager Project Manager Civil-2 Dedicated Freight Corridor Corporation of India at Tundla (in short "Corporation") to take appropriate action on the application of the petitioner dated 10.01.2025 and ensure not to interfere in possession of disputed Gata No.308 having area 0.4090 Hect. of Village Bhatuamau, Post Naubasta Bhaupur, Tehsil Maitha, Distt. Kanpur Dehat, which is recorded in the name of the petitioner as Bhoomidhar. 3. It is contended that the petitioner is recorded tenure holder and in actual physical possession over the aforesaid plot in question. In this regard reliance has been placed on Khatauni of 1425-1430 F. The boundary of disputed Gata adjoins the railway line and map in this regard is also appended as Annexure No.2. Under the project of Corporation, work of laying new railway line has commenced and thereafter, the Corporation has started constructing boundary wall with pillars adjacent to railway line on the petitioner's land without following legal process or demarcation and without giving
adequate compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short "Act, 2013"). Such situation has impelled the petitioner to invoke the writ jurisdiction. 4. Learned counsel for respondent no.2 has placed the detailed instructions dated 24.03.2025 sent by the Asstt. Project Manager DFCCIL/ New Bhaupur of the Corporation, which is taken on record. On the basis of instructions, he states that on the request of the petitioner, joint inspection of the plot in question was conducted by the revenue official, Corporation official as well as the petitioner but the final report of the same is still awaited. Due to non-providing the report by Sub Divisional Magistrate, Maitha, the Corporation is unable to take any action on the claim of the petitioner and the petitioner is obstructing in construction of boundary wall.
He further submits that for adequate compensation the State Government has also issued Government Order dated 12.05.2015 and the petitioner can press the relief for adequate compensation before the District Level Committee constituted under the aforesaid Government Order. He submits that the District Level Committee is competent enough to pass appropriate
order but certainly after giving opportunity to the Corporation also, which is acquiring authority.
5. Considering the factual situation, without expressing any opinion on merits of the issue, the writ petition stands disposed of with observation that in case the petitioner files detailed representation ventilating his grievances before the District Level Committee within two weeks, the District Level Committee, after taking necessary comments from the Corporation/ Revenue Authority and on the basis of actual demarcation of the site, will submit its report to the Chairman of the District Level Committee
i.e. concerned Collector within further two weeks and, thereafter, the Collector shall pass appropriate order in further two weeks.
Order Date :- 4.8.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad