RAM NARESH AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/16178/2025 · 2025-07-16
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59928 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59928 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:116213-DB Court No. - 29 Case :- WRIT - C No. - 16178 of 2025 Petitioner :- Ram Naresh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandrakant,Shrinath Counsel for Respondent :- Ambrish Shukla,Anuj Pratap Singh,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioners and learned Standing Counsel for State.
2. The instant writ petition has been preferred for a direction to respondents to provide the compensation of the acquired land i.e. gata no.764 (area 0.0530 hectare) and Gata No.765 (area 0.0730 hectare) of Village Chakki, Pargana Kotiya Guneer, Tehsil Bindki, District Fatehpur, which has been assimilated in their new plot no.50-A and for a further direction to respondents not to take over the land of petitioners without following the due procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short the 'Act 2013').
3. At the very outset, learned Standing Counsel informed to the Court that for redressal of grievance of tenure holders, claiming certain right/title over their land, the State Government had issued detailed Government Order dated 12.05.2016, which provides that in case the claimant files claim supported with requisite documents, the same would be considered by the District Level Committee for ensuring adequate compensation in the light of Act 2013. He submits that once the efficacious remedy is available to the petitioners, the matter should be relegated to the District Level Committee, which may examine the claim of petitioners within a reasonable time and submit its report to the Chairman/District Magistrate, who may accord adequate compensation accordingly.
4. Considering the facts and circumstances of the case and the relief prayed in the instant matter, we dispose of the instant petition with liberty to the petitioners to make fresh representation along with true attested copy of the instant order before District Level Committee constituted under the Government Order dated 12.05.2016 within two weeks. In the event, such representation is made, the District Level Committee shall consider the claim of the petitioners and ensure that the proceeding shall be finalised expeditiously, preferably within twelve weeks, thereafter. Order Date :- 17.7.2025 Manish Himwan (Hon'ble Prashant Kumar,J.) (Mahesh Chandra Tripathi, J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad