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2025 DAILYLAW 27140 (ALL)

AMAN KHURANA v. STATE OF U.P. AND 3 OTHERS

WRIC/7077/2025 · 2025-03-09

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34349-DB Court No. - 21 Case :- WRIT - C No. - 7077 of 2025 Petitioner :- Aman Khurana Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lalit Kumar Counsel for Respondent :- C.S.C.,Nipun Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner has prayed for quashing of the award dated 27.02.2024 passed by Additional District Magistrate (Land Acquisition), Agra in Land Acquisition Case No. 03 of 1984 insofar as it relates to Khata Khatauni no.296 measuring Khasra no.26 (1 Bigha 6 Biswa); Khasra no.47 (1 Bigha 3 Biswa); Khasra no.48 (9 Biswa); Khasra no.50 (19 Biswa); Khasra no.54 (11 Biswa), total 4 Bigha 5 Biswa of the petitioner of Revenue Village- Bhood, Tehsil and District- Bulandshahr and for a writ of mandamus directing Additional District Magistrate (Land Acquisition), Agra to prepare fresh award treating 'relevant date' with reference to which market value is to be calculated as 01.01.2014 i.e. the date of enforcement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2. Learned counsel for the petitioner submits that in respect of same award and for same relief Writ-C No. 12796 of 2024 filed by Hem Chandra against State of U.P. and U.P. Avas Evam Vikash Parishad was allowed by Co-ordinate Bench of this Court by order dated 20.05.2024. He submits that instant petition be also decided in same terms. 3. Shri Naman Agarwal, Advocate holding brief of Shri Nipun Singh, learned counsel appearing for the U.P. Avas Evam Vikash Parishad and Shri Rajiv Gupta, learned Additional Chief Standing Counsel for the State-respondents, are not in a position to dispute the aforesaid factual position. 4. Therefore, having regard to the reasons given in judgment dated 20.05.2024, the instant petition is also allowed. The impugned award is hereby quashed and the matter is remitted back to Additional District Magistrate (Land Acquisition), Agra- respondent no. 3 for determining compensation afresh in light of the observations made in the judgment of Hem Chandra in Writ-C No. 12796 of 2024. 5. There is no order as to costs. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 10.3.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad