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2025 DAILYLAW 60759 (ALL)

CHANDRA SHEKHAR v. UNION OF INDIA AND 5 OTHERS

WRIC/16350/2025 · 2025-07-16

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116218-DB Court No. - 29 Case :- WRIT - C No. - 16350 of 2025 Petitioner :- Chandra Shekhar Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Vinay Kumar Counsel for Respondent :- Anurag Yadav,A.S.G.I.,C.S.C.,Mahendra Pratap,Rajesh Kumar Jaiswal Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner 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. plot no.278/317 area 1.5 dismal situated at Village Katariya, Pargana Ralhupur Tehsil P.D.D.U., District-Chandauli, which was utilized by the respondents for construction of N.H.2 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.) (M.C. Tripathi, J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad