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2025 DAILYLAW 22980 (ALL)

TULA RAM AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/5642/2025 · 2025-04-09

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52935-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 40) Court No. - 21 Case :- WRIT - C No. - 5642 of 2025 Petitioner :- Tula Ram And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Samsad Ahmed Khan,Shiv Kant Mishra Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition is for a direction to the respondents to pay compensation to the petitioners in respect of Khasra No. 430Kha area 0.0420 hectares Village Sudan Pur-A, Pargana, Tehsil and District-Bareilly. 2. The case of the petitioners is that their aforesaid land has been utilized by the respondents for construction of a Dam/Canal in the year 2015-16 but no compensation has been paid to them. It is submitted that in case of their co- sharers in Writ C No. 24698 of 2022 (Chhote Lal and Another vs. State of U.P. and Others) direction has been issued to pay compensation and interest to them. The operative part of the said order dated 6.2.2025 is extracted below:- "9. In our considered opinion, the petitioners are also entitled to interest as per the provisions of the aforesaid two enactments. The respondents cannot be permitted to flout the provisions of law by initially taking possession of land of private persons without initiating proceedings for acquisition under the relevant legislation and thereafter also not paying interest at the rate provided under law. 10. Accordingly, we dispose of the instant petition with direction to the State respondents to ensure payment of interest at the rate of 9% per annum for the first year since date of dispossession and 15% for the subsequent period till date of actual payment along with the compensation as has been already approved provided the petitioners complete all the formalities as may be required of them." 3. Learned Standing Counsel has placed on record the instructions received from Executive Engineer, Flood Division, Bareilly dated 12.3.2025 wherein the stand taken is that proceedings for payment of compensation and interest are in progress and the petitioners would be paid compensation and interest as per their share. 4. In view of the order passed in the previous writ petition filed by the co-sharers and the stand taken by the State, we dispose of the instant petition with direction to the respondents to pay compensation and interest to the petitioners also, as provided by order dated 6.2.2025 in Writ C No. 24698 of 2022 within a period of eight weeks from the date of communication of the instant order. Order Date :- 10.4.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad