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Neutral Citation No. - 2025:AHC:80947-DB Court No. - 21 Case :- WRIT - C No. - 15574 of 2025 Petitioner :- Amit Kumar Pal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- Aditya Bhushan Singhal,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The prayer made in the instant petition is for issuing a writ of mandamus commanding respondent no. 3 to release compensation for the petitioner's acquired land measuring 1.239 hectare, out of total 2.8320 hectare of Khata No. 00088 of Khasra No. 405, area 0.3670 hectare, Khasra No. 409-Ka, area 0.2780 hectare and Khasra No. 431-M, area 2.1870 hectare, Village Virampur, Pargana and Tehsil Jewar, District Gautam Budh Nagar, in terms of award dated 22.6.2023.
2. Learned counsel for the petitioner submits that an award was declared on 22.6.2023 for the acquired land of the petitioner. However, the respondents have failed to pay compensation for the tubewell and other constructions existing over the acquired land. The petitioner has therefore filed Reference Suit No. 448 of 2024 before the Land Acquisition, Rehabilitation & Resettlement Authority, Gautam Budh Nagar. On 8.10.2024, the Authority has asked for a report from ADM (Land Acquisition). According to him, despite several directions, the report has not been submitted so far. He submits that ADM (Land Acquisition) be directed to comply with the order of the Authority.
3. As the petitioner is seeking enforcement of the order passed by the Authority which is a Tribunal constituted under Act No. 30 of 2013, having sufficient powers to ensure compliance of its order,
we find no good reason to issue any direction in exercise of writ jurisdiction.
4. As regards prayer of the petitioner for release of compensation amount in terms of the award, it is open to the petitioner to approach ADM (Land Acquisition) with his prayer for release of compensation amount and in which event, the said application will be disposed of by ADM (Land Acquisition) in accordance with law.
5. The petition stands disposed of accordingly. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 16.5.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad