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Neutral Citation No. - 2025:AHC:118341-DB Court No. - 29 Case :- WRIT - C No. - 17581 of 2025 Petitioner :- Arun Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjeev Kumar Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard Shri Sanjeev Kumar, learned counsel for the petitioner, and Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State-respondents. 2. The present writ petition has been filed seeking a writ in the nature of mandamus commanding the respondent authorities to construct the small minor canal originating from Gata Nos. 28 and 47, as initially proposed, where land had allegedly been arranged for the said purpose during the year 2012–13. A further prayer has been made to restrain the respondents from acquiring or taking possession of any additional portion of Gata No. 48 of village Raipur, Shahzadpur, which belongs to the petitioner, for the construction of the small minor canal in accordance with the altered plan. 3. Pursuant to the directions of this Court, Shri Ambrish Shukla, learned Additional Chief Standing Counsel, has produced detailed instructions, which are taken on record. As per the instructions, it is submitted that in the year 2012–13, based on the consent of the stakeholders, certain land was acquired for the purpose of developing a small canal. It is further submitted that although Gata No. 47 was initially under consideration, it was designated solely
for the construction of a small embankment and was not assigned for the development of the minor canal itself. 4. It is also submitted that for the implementation of the complete canal project, land was acquired for public purpose under the provisions of Section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The requisite notification was duly published in two widely circulated newspapers, and an award was subsequently passed. Compensation to the affected tenure holders was deposited with the SLO in the year 2013. The land is now being utilized for a public purpose, i.e., for the development of the small minor canal, and such utilization is supported by the requisite legal formalities. 5. Considering the facts of the case, the scheme formulated in 2012–13, and the detailed instructions placed before the Court, it is evident that Gata No. 47 was earmarked only for embankment purposes and not for canal construction.
The award having already been passed, no ground for interference in the present writ petition survives. 6. However, it shall be open to the petitioner to approach the SLO for disbursement of any compensation, if admissible in law. 7. With the aforesaid observation, the instant writ petition is
disposed of.
Order Date :- 21.7.2025 Anil K. Sharma Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad