Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50126-DB Court No. - 21 Case :- WRIT - C No. - 10155 of 2025 Petitioner :- Bhola Ram Yadav Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Om Prakash Counsel for Respondent :- A.S.G.I.,C.S.C.,Sudhir Bharti Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. On oral prayer made by counsel for the petitioner, he is permitted to implead Special Land Acquisition Officer, Chandauli as respondent no. 4 to the instant petition.
2. The instant petition has been filed praying for a writ of mandamus commanding the respondents to provide one-time financial assistance in lieu of employment, or annuity of rupees five lakhs to the petitioner, as he comes under the category mentioned at Item No. 4 in the Second Schedule to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Further direction has been prayed for providing the benefits as stipulated under the Second Schedule.
3. The case of the petitioner is that his land was acquired by the respondents under the provisions of the Railways Act, 1989. Award was declared on 1.6.2023. However, the benefits relating to rehabilitation and resettlement, as contemplated under the Second Schedule, have not been provided to the petitioner so far.
4. Learned counsel appearing on behalf of Dedicated Freight Corridor Corporation of India Limited and learned Standing Counsel appearing for respondent no. 2, submit that the claim of the petitioner may be permitted to be examined by the competent authority.
5. Accordingly, the petition is disposed of by providing that the petitioner will make representation along with true attested copy of the instant order before respondent no. 4 and in which event, respondent no. 4 will examine the claim and take an appropriate decision as per the provisions of the Railways Act and Act No. 30 of 2013, to the extent it may be applicable to the acquisition in question, within twelve weeks from the date of making of the representation. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 8.4.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad