SHRI SHIV KUMAR SACHDEVA v. STATE OF U.P. AND 3 OTHERS
WRIC/10339/2025 · 2025-04-24
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38307 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38307 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:63981-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.31) Court No. - 21 Case :- WRIT - C No. - 10339 of 2025 Petitioner :- Shri Shiv Kumar Sachdeva Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lalit Kumar Counsel for Respondent :- Nipun Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The following prayers have been made in the writ petition:
"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned award dated 27.02.2024 passed by Additional District Magistrate (Land Acquisition), Agra in respect of Khasra/gata no.628 (3-19-1 Bigha) (0.9990 hectare), Khasra/gata no. 860 (0-15-0 Bigha), and Khasra/gata no. 861 (1-0-0 Bigha) total 4 Bigha 24 Biswa 1 Biswansi of Petitioner. (ii) issue a writ order or direction in the nature of mandamus commanding the Additional District Magistrate (Land Acquisition) Agra to prepare a fresh award treating the relevant date with reference to which the market value is to be determined as 01.01.2014, the date of commencement of new Act, 2013."
2. The writ petition has been filed on the premise that the respondent Parishad has acquired the aforesaid land of the petitioner but it had made award on 27.02.2024 i.e. after coming into force of Act No. 30 of 2013 and therefore, the market value should have been determined with reference to the date of commencement of the said Act i.e. 01.01.2014 and not the date on which the notification under Section 28 of Adhiniyam was issued. 3. The instructions furnished by the Executive Engineer, U.P. Avas Evam Vikas Parishad have been placed before us, according to which award for the subject land was declared on 23.09.1986. Copy of the said award has also been placed before us to indicate that the subject land was duly covered thereunder. 4. Even the petitioner was intimated about the declaration of the award in respect of the subject land on 23.09.1986 in response to the questionnaire under Right to Information Act. It is also stated therein that by the said award, the compensation determined was Rs. 75,546/- for the subject land and the compensation has not been received by the land owners so far. 5.
Since learned counsel for the petitioner could not dispute that the subject land is
covered by award dated 23.09.1986 and also the fact that the award of which quashment has been sought does not deal with the land of the petitioner, we are of the opinion that the instant petition is wholly misconceived. It is accordingly dismissed with liberty to the petitioner to approach the Authority for withdrawal of the compensation amount as determined by the award rendered on 23.09.1986. Order Date :- 25.4.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad