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2025 DAILYLAW 24492 (ALL)

SMT. AMEERJAHAN AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/6115/2025 · 2025-03-09

Shekhar B Saraf, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34927-DB Court No. - 40 Case :- WRIT - C No. - 6115 of 2025 Petitioner :- Smt. Ameerjahan And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamal Kishor Mishra Counsel for Respondent :- C.S.C.,Pankaj Kumar Shukla Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioners have made the following prayers:- "i) Issue a writ or direction or order in the nature of mandamus commanding the respondent not to install the second tower of 220 LV Motor Gajrola Line in Khata Khatauni No.409 total area 1.213 hectare. ii) Issue a writ or direction or order in the nature of mandamus commanding the respondent to pay the compensation in respect of the land in Khata Khatauni No.409 total area 1.213 hectare which is being used by the respondent authority for installing the first tower in year 2010 and also pay the compensation for the land which is being used for installing the second tower of Khata Khatauni No.409 total area 1.213 hectare. iii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the present case." 3. It is to be noted that the petitioners have moved an application before the authority concerned against the installation of the High Tension Tower. 4. Upon due consideration, we are of the view that the petitioners are only entitled to receive compensation. Accordingly, the petitioners are directed to make a fresh representation/application for compensation before the authority concerned within a period of two weeks from date. 5. In the event, fresh application/representation is made, the authority concerned is directed to pass a reasoned order upon the same within a period of ten weeks from the date of filing of representation/application after granting an opportunity of hearing to the petitioners. 6. In light of the same, the writ petition is disposed of. Order Date :- 10.3.2025 Dev (Vipin Chandra Dixit,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad