KRISHNA MOORTI TIWARI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/27436/2025 · 2025-08-13
Mahesh Chandra Tripathi, Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84607 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84607 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:138868-DB Court No. - 29 Case :- WRIT - C No. - 27436 of 2025 Petitioner :- Krishna Moorti Tiwari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Tripathi,Akhilesh Kumar Mishra,Devendra Kumar Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioners and Shri Devesh Vikram, learned Additional Chief Standing Counsel for the State- respondents.
2. The present writ petition has been filed seeking a direction to the respondent authorities to pay compensation to the petitioners for the use of their land in the construction of the Terahara– Bambupur Road, and further, for a direction to respondent no. 2 to decide the petitioners' representation dated 13.01.2025.
3. At the very outset, learned Additional Chief Standing Counsel submitted that for the redressal of grievances of tenure-holders claiming rights or title over their land, the State Government has issued a detailed Government Order dated 12.05.2016. The said Government Order provides that, in cases where the claimant submits a claim supported with requisite documents, the same shall be placed before the District Level Committee for
consideration. The Committee is mandated to ensure adequate compensation in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Learned counsel contends that, since an efficacious alternative remedy is available under the said
Government Order, the petitioners' grievance ought to be placed before the District Level Committee, which shall examine the claim and submit its report to the Chairman/District Magistrate for appropriate orders regarding compensation.
4. Considering the facts and circumstances of the case and the nature of relief sought, the writ petition is disposed of with liberty to the petitioners to file a fresh representation, along with a certified copy of this order, before the District Level Committee constituted under the Government Order dated 12.05.2016, within one month from today. In the event such a representation is submitted within the stipulated period, the District Level Committee shall consider the claim of the petitioners and take appropriate steps to ensure that the proceedings are finalised expeditiously, preferably within twelve weeks thereafter.
Order Date :- 14.8.2025 Shafique Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad