SHRI RAVINDRA KUMAR AGRAWAL v. STATE OF U.P. AND 3 OTHERS
WRIC/10053/2025 · 2025-05-12
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36088 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36088 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:78031-DB Court No. - 21 Case :- WRIT - C No. - 10053 of 2025 Petitioner :- Shri Ravindra Kumar Agrawal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atipriya Gautam,Ishir Sripat,Sr. Advocate Counsel for Respondent :- C.S.C.,Vibhu Rai Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The instant petition has been filed under Article 226 of the Constitution for restraining the respondent-Authorities from compelling the petitioner to transfer his share in Bhawan Nos. 01, 11, 12, 13 and 14 and open land numbered as Plot No. 01, Mohalla Diwan Bazar, Gorakhpur City for 'Heritage Corridor Project' without proper acquisition and payment of compensation as per provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2. The case of the petitioner is that he is owner of the aforesaid houses and he is duly paying municipal taxes to Nagar Nigam, Gorakhpur. The basis on which the petitioner claims title over the aforesaid houses has been disclosed in paragraph no. 5 of the writ petition. It is submitted that the respondent-Authorities are compelling the petitioner to execute sale deeds in their favour for 'Heritage Corridor Project' without acquisition and payment of compensation. 3. Learned Standing Counsel has placed on record the written instructions received from Executive Engineer, Constructions Division-II, PWD, Gorakhpur. The stand taken in paragraph no.4 of the written instructions is that, although, the petitioner claims
title on basis of various sale deeds but the sale deeds only mention house numbers and no arazi numbers and, therefore, the respondents are finding it difficult to obtain sale deeds from the petitioner. At the same time, it is admitted that the land is required for the 'Heritage Corridor Project'. It is also stated in the written instructions that name of the petitioner is not recorded in the revenue records. 4. Learned counsel for the petitioner in rebuttal submits that the name of petitioner is duly recorded in Khewat No. 5 and also in the Khatauni. 5. Having regard to the facts and submissions made, we are of the opinion that the respondents cannot take possession of the subject land without obtaining sale deed through mutual negotiation or if the same does not materialise to acquire the land as per provisions of law. 6.
The writ petition is accordingly disposed of by providing that the respondents would proceed strictly in accordance with law and in case, subject land is required by the respondent - Authority, they would either acquire title over it through mutual negotiations or otherwise would acquire the same in accordance with law. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 13.5.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad