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2025 DAILYLAW 60267 (ALL)

KAMALA SHANKAR RAJBHAR AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/15966/2025 · 2025-05-18

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83450-DB Court No. - 21 Case :- WRIT - C No. - 15966 of 2025 Petitioner :- Kamala Shankar Rajbhar And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shachindra Kumar Mishra Counsel for Respondent :- C.S.C.,Ishan Deo Giri Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioners have prayed for a writ of mandamus directing the respondents to declare rehabilitation and resettlement award under Section 31 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a stipulated time period. 2. The case of the petitioners is that their land was acquired under the provisions of the Act. An award was made on 14.03.2020 determining the compensation payable to the affected persons however the respondents have not made any rehabilitation and resettlement award for the affected families in terms of Section 31 of the Act. It is submitted that the petitioners herein are affected persons and are thus entitled to be rehabilitated and resettled in terms of the provisions of the Act. 3. Sri Prateek Kumar, learned counsel appearing on behalf of respondent no. 2 and Sri Rajiv Gupta, learned Additional Chief Standing Counsel appearing for the State-respondents state that the claim of the petitioners in respect of Section 31 of the Act would be considered in accordance with law by the respondents. 4. Accordingly without expressing any opinion on merits, the petition is disposed of with direction to concerned respondent to pass appropriate orders in respect of the claim of the petitioners for rehabilitation and resettlement award under Section 31 of the Act within a period of twelve weeks from the date of production of true attested copy of the instant order alongwith fresh representation and supporting evidence, if it has not already been made. Order Date :- 19.5.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad