RAJ MANI SHARMA AND ANOTHER v. UNION OF INDIA AND 2 OTHERS
WRIC/22890/2025 · 2025-07-16
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 75089 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75089 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:115907-DB Court No. - 29 Case :- WRIT - C No. - 22890 of 2025 Petitioner :- Raj Mani Sharma And Another Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Prabhat Kumar Srivastava,Prakhar Srivastava,Ravindra Kumar Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Sri Prakhar Srivastava, learned counsel for the petitioner, Sri Sudarshan Singh, learned counsel for the respondent no.1 and Sri Suresh Singh, learned Additional Chief Standing Counsel for the respondent nos.2 and 3. 2. The instant writ petition is preferred questioning the validity of the impugned order dated 13-05-2024 passed by the Additional District Magistrate (Administration) Bulandshahar. 3. Sri Sudarshan Singh, learned counsel appearing for respondent no.1, raised an objection regarding the maintainability of the instant writ petition on the ground that the land is being acquired under the Railway Act, 1989, as amended in 2008, for a railway project New Delhi–Howrah (including Kanpur–Lucknow section) for increasing the speed of trains from 160 kmph to 200 kmph. He submitted that in the present case, the acquisition proceedings have already been initiated, and a notification under Section 20A of the Railways Act was issued on 09.10.2024, which was duly published in newspapers namely The Times of India and Hindustan on 25.10.2024. Subsequently, a final declaration under Section 20E was issued on 30.11.2024 and published in the Gazette of India on 03.12.2024, with newspaper publication on 12.12.2024. It was further submitted that the land in question now stands vested in the Central Government, free from all encumbrances, and compensation has already been awarded on 27.01.2025. 4. He further submits that the impugned order which is assailed before us is only to the extent that notice has been issued to the petitioners, who were recorded tenure
holders, to receive the compensation after furnishing the relevant documents so that the compensation may be disbursed. He further submits that in the absence of any challenge to the notification, no such reprieve can be accorded. The writ petition is devoid of merits and is liable to be dismissed. 5. Once an objection is raised, and we proceed to examine the record and find that admittedly the notice under the Act, 2008 has been issued, and admittedly the award had also been passed on 27-01-2025. In the instant matter, there is no challenge to the acquisition proceedings or the award.
Merely a subsequent communication where the petitioner had been asked to submit relevant documents for disbursement of compensation, no such challenge can be accepted in the absence of any challenge to the acquisition proceedings. Admittedly, the land has been utilised for the public purpose, and the possession has also been taken over the land and is free from all encumbrances. 6. The writ petition is devoid of merits and is accordingly dismissed. However, in case the petitioners approach the authority i.e., Additional District Magistrate (Administration), Bulandshahar / competent authority along with requisite papers which are required, the adequate compensation which has been quantified in the light of the award, the same may also be disbursed without any delay. .Order Date :- 17.7.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad