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Neutral Citation No. - 2025:AHC:57278-DB Court No. - 21 Case :- WRIT - C No. - 11678 of 2025 Petitioner :- Satyabhama Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Gaurav Sharan Srivastava,Vikrant Pandey Counsel for Respondent :- C.S.C.,Narendra Pratap Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The case of the petitioner is that the State acquired the land of the petitioner under the provisions of the Land Acquisition Act, 1894 and an award was declared on 22.7.2010. The award was in respect of land only. It was specifically mentioned in the award that compensation for the structure/properties existing over the acquired land would be paid by Gorakhpur Development Authority, Gorakhpur for whose benefit the land was acquired. It also stipulated that after holding enquiry in this regard, the Development Authority shall ensure determination and payment of compensation itself. The case of the petitioner is that there were several trees in existence over the acquired land and which have been cut by the respondents in pursuance of the acquisition notifications, but till date the respondents have not paid any compensation therefor to the petitioner. 2. Learned counsel for the petitioner has invited our attention towards a report dated 2.4.2025 submitted by Secretary, Gorakhpur Development Authority, Gorakhpur in relation to a complaint made by the petitioner on IGRS Portal. It states that information in relation to acquisition and compensation could be obtained from the office of Special Land Acquisition Officer, Joint Organization, Gorakhpur. It further states that no tree has been cut over the acquired land and that whatever trees have been cut, the same was with the permission of the Forest Department. 3. It is urged by learned counsel for the petitioner that under the award the Development Authority was obliged to assess valuation of the standing structure which would include trees also and to pay compensation, but which has not been done and the report submitted by Gorakhpur Development Authority, Gorakhpur is self-contradictory. 4. In our opinion, the issue relating to payment of compensation for the superstructure and standing trees, if any, over the acquired land has to be determined by the Competent Authority/Special Land Acquisition Officer. The observation in the impugned award that the said exercise would be held by Gorakhpur Development Authority, Gorakhpur is contrary to the scheme of the Act. 5.
Consequently, we dispose of the instant petition with direction to respondent no. 4, i.e. Special Land Acquisition Officer, Joint Organization, Gorakhpur to decide the claim of the petitioner as contained in the representation dated 4.3.2025, or any fresh representation as may be made by the petitioner within two weeks from today, along with true attested copy of the instant order. The claim in relation to compensation shall be decided within twelve weeks of receipt of the representation, after hearing the petitioner as well as Gorakhpur Development Authority, Gorakhpur. Compensation, if any, determined in favour of the petitioner, shall be payable within next four weeks. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 18.4.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad