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2025 DAILYLAW 83507 (ALL)

ALIMUN NISA AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/26542/2025 · 2025-09-07

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 26542 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. Heard Ms. Ghazala Bano Quadri, learned counsel for the petitioners, Shri Vineet Sankalp, learned counsel for respondent No. 5 and Shri Rajiv Gupta, learned counsel for the State-respondents. 2. The petitioners have prayed for a writ of mandamus restraining the respondents from demolishing their constructions or forcing them to sign any agreement for parting with their property without following the procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. Learned standing counsel has placed on record the instructions received from Executive Engineer, Provincial Division, Public Work Department, Varanasi, wherein, the stand taken is that certain land is required for widening and beautification of the road but the land owners have not given consent for sale/purchase of their land. The respondents would, therefore, follow the procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is also stated that at present, no demolition or dispossession is being undertaken. 4. In view of the aforesaid stand, the writ petition is disposed of by providing that the respondents would not demolish any construction or dispossess the petitioners except in accordance with law. September 8, 2025 Mukesh Kr. Versus Counsel for Petitioner(s) : Ghazala Bano Quadri, Maseeh Uddin Counsel for Respondent(s) : C.S.C., Vineet Sankalp Alimun Nisa And 2 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad