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2025 DAILYLAW 72665 (ALL)

AAFAQ ALI AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/22429/2025 · 2025-08-04

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130919-DB Court No. - 29 Case :- WRIT - C No. - 22429 of 2025 Petitioner :- Aafaq Ali And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Archana Singh,Shreeprakash Singh Counsel for Respondent :- C.S.C.,Dharmendra Singh Chauhan Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State- respondents and Shri Dharmendra Singh Chauhan, learned counsel for Rampur Development Authority (in short "RDA"). 2. In pith and substance, the petitioners have approached this Court for a direction to respondents to award compensation to the petitioners through settlement in respect of their land as per Clause 5(6) of G.O. dated 19.03.2015 or in the alternative acquire the petitioners' land, in accordance with law. 3. It seems that the respondent has notified its intention to acquire certain lands of the tenure holders on basis of mutual negotiations. The rate being offered to the petitioners is not acceptable to them. Their case is that in respect of land of some other person, respondent has obtained a sale deed at a much higher rate and the same should be offered to the petitioners also. 4. Since, it is not a case of the compulsory acquisition but is based on mutual negotiation and settlement and, therefore, in case the petitioners are not agreeable to the price being offered to them, it is always open to them not to sell their land to respondent and in which event respondent, if it requires the land, would be bound to go for compulsory acquisition. However, this Court cannot compel respondent to purchase the land from the petitioners at any particular rate when the proposal for acquisition is on basis of mutual negotiation and settlement. 5. Accordingly, the petition stands disposed of. Order Date :- 5.8.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad