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2025 DAILYLAW 33624 (ALL)

HARISHCHANDRA RAMKALI CHERITABLE TRUST v. STATE OF U.P. AND 3 OTHERS

WRIC/10819/2025 · 2025-04-29

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67460-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.43) Court No. - 21 Case :- WRIT - C No. - 10819 of 2025 Petitioner :- Harishchandra Ramkali Cheritable Trust Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner is claiming compensation for its land on account of its land getting affected as a result of the respondents having carried out widening of a 8 ft. kachcha/kharanja road to a pucca road with width of 20 ft. The representation filed by the petitioner dated 30.09.2024 is stated to be pending before respondent no.2. 2. Learned Standing Counsel has placed on record the written instructions received from Executive Engineer, Construction Division-IInd P.W.D, Ghaziabad, in which the stand taken is that in the year 2022-23 the respondents carried out repair of the road, which was in existence for last 20 years. It is stated that at the time of construction of the road 20 years back, the petitioner did not raise any objection and therefore, now the claim for compensation is not sustainable. 3. On the other hand, learned counsel for the petitioner submits that earlier only kachcha/kharanja road was in existence and the width was only 8 ft. The respondents without any consent of the petitioner have carried out widening of the road from 8 ft. to 20 ft. and the petitioner has not been paid any compensation. 4. The dispute, in our opinion, deserves to be considered by the District Level Committee in terms of Government Order dated 12.05.2016 in view of the specific case of the petitioner that the respondents have utilized additional land in year 2022-23 while carrying out repair/widening. 5. Accordingly, the writ petition is disposed of with liberty to the petitioner to make fresh representation along with true attested copy of the instant order before respondent no.2. Respondent no.2 will transmit the same to the District Level Committee and the District Level Committee will decide the representation after due notice and opportunity of hearing to the petitioner. The recommendation of the District Level Committee will be placed before the District Magistrate for decision in accordance with the Government Order. Order Date :- 30.4.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad