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2025 DAILYLAW 30745 (ALL)

MAHAVIR PRASHAD AND 11 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/8007/2025 · 2025-03-18

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39401-DB Court No. - 21 Case :- WRIT - C No. - 8007 of 2025 Petitioner :- Mahavir Prashad And 11 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nitin Sharma Counsel for Respondent :- Aditya Bhushan Singhal,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition filed under Article 226 of the Constitution is for quashing the notification dated 30.12.2024 issued by respondent no. 2 under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and for a direction to the respondents to decide the representation/objection of the petitioners dated 20.02.2025. 2. Learned counsel for the petitioners submits that the petitioners have filed objection on 20.02.2025 after issuance of notification under Section 11 of the Act but the petitioners apprehend that the respondents would not accord consideration to their objections. He further submits that a direction be issued to the respondents to decide the objections. 3. In so far as challenge to notification under Section 11 of the Act undoubtedly it is only a preliminary notification and final notification is yet to be issued and therefore, we find no good reason to quash the notification under Section 11 of the Act. 4. As regards objections filed by the petitioners, it is worthwhile to note that Section 15 of the Act itself contemplates that any person interested in any land, which has been notified under sub- section(1) of Section 11 may, within 60 days from the date of publication of the preliminary notification, file objection on the grounds stipulated under the said sub-section. Sub-section (2) further provides that every objection under sub-section (1) shall be made to the Collector in writing and the Collector shall give the objector an opportunity of being heard in person or by any person authorised by him in this behalf or by an Advocate and shall after hearing all such objections and after making such further inquiry, if any, as he may think necessary, either make a report in respect of the land, which has been notified under sub-section (1) of Section 11 or make different reports in respect of different parcels of such land to the appropriate Government. 5. Having regard to the said provisions, we dispose of the instant petition by providing that respondent no. 3 shall proceed strictly in accordance with the procedure prescribed under Section 15(2) of the Act while considering the objections filed against the preliminary notification. 6. The order has been passed in presence of Sri A.B. Singhal, learned counsel for the respondent - Development Authority. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.3.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad