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2025 DAILYLAW 74726 (ALL)

ANIL KUMAR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/22778/2025 · 2025-07-16

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115832-DB Court No. - 29 Case :- WRIT - C No. - 22778 of 2025 Petitioner :- Anil Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Srivastava Iii,Pratik Kumar Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned counsel 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. 130M and 58M, which was utilized by the respondents for construction of Sunwara By-pass road 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 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad