SMT. PARAM JIT KAUR AND 6 OTHERS v. THE STATE OF U.P. AND 3 OTHERS
WRIC/17043/2025 · 2025-07-06
Mahesh Chandra Tripathi, Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62637 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62637 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:108306-DB Court No. - 29 Case :- WRIT - C No. - 17043 of 2025 Petitioner :- Smt. Param Jit Kaur And 6 Others Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Ramendra Asthana Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard Shri Ramendra Asthana, learned counsel for the petitioners, and Shri Fuzail Ahmad Ansari, learned Standing Counsel for the State-respondents. 2. The present writ petition has been filed seeking issuance of an appropriate writ, order, or direction in the nature of mandamus, restraining the respondent authorities from carrying out any construction over the disputed land until the same is formally acquired and compensation is paid in accordance with law. 3. Learned counsel for the petitioners submits that the petitioners are the owners and are in possession of their respective plots. The Public Works Department has commenced a road widening project, and in furtherance of the same, the petitioners' land has been acquired without initiating any proceedings under the Land Acquisition Act or the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. No compensation has been paid to the petitioners till date. He confines his prayer to the limited relief that the grievance of the petitioners be considered by the District Level Committee in light of the Government Order dated 12.05.2016. 4. In response, the learned Standing Counsel submits that in the
event the petitioners submit a fresh representation, the same shall be examined by the District Level Committee for determination of compensation, if any, in accordance with the aforesaid Government Order. 5. Considering the facts and circumstances of the case, this Court is of the view that no useful purpose would be served by keeping the writ petition pending. Accordingly, with the consent of the parties, the writ petition is disposed of with liberty to the petitioners to submit a fresh representation before the District Level Committee, detailing all their grievances. If such representation is submitted within two weeks from today, the Committee shall consider and decide the same on its own merits and in accordance with law, after affording due opportunity of hearing to all the stakeholders. The decision shall be taken expeditiously, preferably within a period of three months from the date of submission of the representation, in light of the Government Order dated 12.05.2016.
Order Date :- 7.7.2025 Shafique Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad