SHAHJAHA KHATOON AND 2 OTHERS v. UNION OF INDIA AND 4 OTHERS
WRIC/16661/2025 · 2025-05-21
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61773 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61773 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:86318-DB Court No. - 21 Case :- WRIT - C No. - 16661 of 2025 Petitioner :- Shahjaha Khatoon And 2 Others Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Ajeet Kumar Baranwal,Dibya Baranwal Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The instant petition has been filed praying for a writ of mandamus commanding respondent no.4 i.e., Land Acquisition Officer to consider and decide the objections dated 04.10.2024 & 22.04.2025 moved by the petitioners before respondent no.4 in respect of acquisition of Gata no.21, Village- Gaura, Tehsil- Khalilabad, District- Sant Kabir Nagar.
2. The aforesaid land of the petitioners is subject to acquisition under the provisions of the Railways Act, 1989. A declaration under Section 20-E of the Act was issued on 11th September,
2024. The respondents invited objections from the affected persons. The petitioners claim to have filed objections on 04.10.2024 & 22.04.2025 on the ground that the acquired land is commercial in character and compensation should be determined accordingly. The instant petition has been filed for a direction to decide the said objections.
3. Section 20-F(4) stipulates that it is incumbent upon the Competent Authority to give notice in two local newspapers inviting claim from all persons interested in the land. The interested person may file objections and, thereafter, the same is to be heard before the Competent Authority proceeds to determine
compensation.
4. In case, the award has still not been passed, it goes without saying that the Competent Authority would examine the objections and consider the same while passing the award.
5. The petition stands disposed of accordingly.
6. The order has been passed in the presence of Shri Rajesh Tripathi, learned counsel for respondent nos.1, 2 and 3. Order Date :- 22.5.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad