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2025 DAILYLAW 50203 (ALL)

NIRMALA DEVI AND 5 OTHERS v. STATE OF U.P. AND 5 OTHERS

WRIC/35047/2019 · 2025-03-11

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36752-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.120) Court No. - 21 Case :- WRIT - C No. - 35047 of 2019 Petitioner :- Nirmala Devi And 5 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Satendra Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed by the petitioners praying for a direction to the respondents for payment of compensation of the acquired land of the petitioners along with interest. 2. Learned counsel for the petitioners has placed reliance on a communication dated 19.04.2018 made on the complaint of the petitioners wherein it has been observed that compensation with regard to some of the land owners affected by the construction of the canal will be paid as per the mutual consent. In compliance of the Government Order dated 19.03.2015, a meeting with the District Magistrate, Mirzapur was held on 12.12.2017 with the affected land owners where it was proposed that the affected persons shall be paid compensation at the rate of four times of circle rate and a proposal for allocation of fund for payment of compensation has been sent to the State Government and on the receipt of the budget, compensation shall be paid. However, learned counsel for the petitioners is not in a position to clarify which of the land of the petitioners has been utilized by the respondents while constructing the canal nor any document is available on record to show that any land of the petitioners was utilized by the respondents for construction of canal. 3. In the counter affidavit filed by the respondents, the stand has been taken that the land of the petitioners is not affected by the construction of canal. 4. In view thereof, no positive direction can be issued for payment of compensation to the petitioners. 5. However, it is open for the petitioners to apply for demarcation of their land. If any land is found to be affected by the construction of canal, the petitioners may apply for payment of compensation, which shall be considered by respondent no.4 expeditiously in accordance with law. 6. With the aforesaid observation, the writ petition is disposed of. Order Date :- 12.3.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad