Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:118314-DB Court No. - 29 Case :- WRIT - C No. - 23249 of 2025 Petitioner :- Abdul Shadik @ Raju Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Tahir Kurashi,Mohd Shamim Khan,Shadab Ansari Counsel for Respondent :- C.S.C.,Virendra Kumar Gupta Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard Shri Mohd Shamim Khan, learned counsel for the petitioner, Shri V.K. Gupta, learned counsel for the respondent no.3 (Nagar Palika Parishad Mahoba), Shri Fuzail Ahmad Ansari, learned Stating Counsel for the State respondents and perused the material brought on record. 2. The present writ petition has been filed seeking issuance of an appropriate writ, order, or direction commanding the respondent authorities to ensure payment of compensation in accordance with law for the land bearing Gata No. 909/1.96, ad-measuring 0.611 hectares, situated at Village and Tehsil Mahoba, which is stated to have been acquired by the Nagar Palika Parishad for public purpose. 3. Learned counsel for the petitioner submits that the land in question, belonging to the petitioner, has been illegally encroached upon by the Nagar Palika Parishad, which has proceeded to construct a road thereon without initiating any lawful acquisition proceedings or paying compensation as mandated under the land acquisition laws. In support of his submission, learned counsel has drawn the attention of the Court to the photographs annexed as
Annexure-3 to the writ petition, purportedly showing the ongoing or completed construction activity over the petitioner's land. 4. Per contra, learned counsel appearing on behalf of the Nagar Palika Parishad, upon instructions, submits that the petitioner has himself encroached upon land belonging to the Gram Sabha and that a serious complaint to this effect has been received against him. It is, therefore, contended that no question of acquisition or compensation arises in the facts of the present case
5. Shri Fuzail Ahmad Ansari, 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 petitioner, the matter should be relegated to the District Level Committee, which may examine the claim of petitioner within a reasonable time and submit its report to the Chairman/District Magistrate, who may accord adequate compensation accordingly. 6. 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 petitioner 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
petitioner and ensure that the proceeding shall be finalized expeditiously, preferably within twelve weeks, thereafter. Order Date :- 21.7.2025 A. Tripathi Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad