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2025 DAILYLAW 78249 (ALL)

VINOD KUMAR AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIC/25114/2025 · 2025-07-30

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128060-DB Court No. - 29 Case :- WRIT - C No. - 25114 of 2025 Petitioner :- Vinod Kumar and 2 others Respondent :- State of U.P. and 2 Others Counsel for Petitioner :- Km. Madhubala,Mithilesh Kumar Counsel for Respondent :- C.S.C.,Santosh Kumar Dwivedi Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, Sri Ambrish Shukla, learned Additional Chief Standing Counsel for State-respondent nos.1 and 2 and Sri S.K. Dwivedi, learned counsel for respondent nos.2 and 3. 2. The instant writ petition has been filed questioning the validity of acquisition proceeding initiated by Bhadohi Industrial Development Authority (in short, 'BIDA'), Bhadohi against the petitioners regarding their land of Arazi No.115 measuring area 0.666 hect. and Arazi No.116 measuring area 0.264 hect. situated in Village/Mauza-Manikpur, Pargana & Tehsil-Bhadohi, District- Bhadohi till disposal of the claim of the petitioners dated 07.07.2025. In the alternative, they have prayed to direct respondents to decide their representation dated 07.07.2025. 3. At the outset, learned counsel for the respondents raised an objection qua the maintainability of writ petition precisely on the ground that the State Government had proceeded to acquire the land for industrial development in the region through BIDA. They submit that at this stage, the instant writ petition is premature on two grounds, firstly the objections of the petitioners are to be considered and secondly, in case the petitioners are not inclined to hand over possession of the land through mutual consent, only thereafter the proceeding would be drawn under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquisition of the land. They submit that the land in question would be acquired only on the basis of consent from the tenure holders and in case, there is any objection, then definitely the same would be decided as per law. 4. Considering the factual situation, at this stage we are not inclined to entertain the instant writ petition. Needless to say that the objections of the petitioners are to be decided and the tenure holders may not be compelled to hand over the possession of their land except in accordance with law. 5. With the aforesaid observations, the instant writ petition stands disposed of. Order Date :- 31.7.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi, J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad