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2025 DAILYLAW 38116 (ALL)

C. L. GUPTA EXPORTS LTD. v. UNION OF INDIA AND 2 OTHERS

WRIC/10681/2025 · 2025-04-27

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65358-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.57) Court No. - 21 Case :- WRIT - C No. - 10681 of 2025 Petitioner :- C. L. Gupta Exports Ltd. Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Nipun Singh,Shivam Shukla Counsel for Respondent :- A.S.G.I.,C.S.C.,Paras Nath Rai,Pranjal Mehrotra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Sri Paras Nath Rai, advocate appears on behalf of respondent no.1 and Sri Pranjal Mehrotra, advocate appears on behalf of respondent no.2. 2. The petitioner has assailed an order dated 25/21.01.2025 passed by the Competent Authority on an application of the petitioner dated 05.10.2024. By the said application, the petitioner had prayed for compensation in respect of Gata No. 332. 3. The case of the petitioner was that in respect of the said plot it had filed Revision No. 33/236 under Section 48 of the U.P. Consolidation of Holdings Act before Deputy Director of Consolidation, Amroha and by order dated 08.03.2022, he has directed for alteration in the shape and area of Plot No. 331 and 332. According to the petitioner, as a result of the order passed in said revision it was the land of the petitioner which got affected as a result of acquisition proceedings but compensation has not been paid to the petitioner. The Competent Authority has returned a finding in the impugned order that the acquisition proceedings were undertaken on basis of the revenue record existing at that time. Plot No. 331 measuring 0.0850 hectare was acquired. The petitioner did not file any objection at the stage of Section 3C of the Act and even after the publication of notification under Section 3D. Consequently, after the award has been rendered, such a claim cannot be entertained. 4. Learned counsel for the petitioner does not dispute that the petitioner had not filed any objection at any stage of the acquisition proceedings until the award was declared. It was much after the declaration of the award on 06.05.2019, the petitioner made claim for payment of compensation on basis of order passed by Deputy Director of Consolidation in Revision No. 33/ 236 dated 08.03.2022. 5. As the case of the petitioner is that there has been change in the shape of the Plots No. 331 and 332 and also the area and therefore, part of his holding got affected, it would mean that the petitioner is setting up a claim against the person in whose favour the award was made. The said person is not before us nor name of the said person has been disclosed in the writ petition. 6. The rival claim to compensation could be subject matter of reference under Section 3H(4) if raised in the manner prescribed. 7. In such circumstances, we are of the opinion that impugned order does not require any interference but at the same time, we leave it open to the petitioner to approach the Competent Authority by means of appropriate application, if so advised, for referring the claim to the civil court in accordance with law. 8. The petition stands disposed of accordingly. Order Date :- 28.4.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad