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2025 DAILYLAW 86449 (ALL)

SHAKIR ALI v. STATE OF U.P. AND 6 OTHERS

WRIC/27674/2025 · 2025-08-17

Mahesh Chandra Tripathi, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140582-DB Court No. - 29 Case :- WRIT - C No. - 27674 of 2025 Petitioner :- Shakir Ali Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Raj Karan Patel,Ram Khelawan Patel Counsel for Respondent :- C.S.C.,Nagesh Kumar,Suresh Bahadur Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioner; Shri F.A. Ansari, learned Standing Counsel for State respondents and Shri Nagesh Kumar, learned counsel for State Bridge Nigam Ltd. Shri S.B. Singh has accepted notice on behalf of respondent nos.4 to 7. 2. The instant writ petition has been preferred for a direction to respondents not to demolish the house/ shop of the petitioner and for a further direction to respondents to decide the representations of the petitioner dated 18.06.2025 and 04.07.2025 within stipulated period. 3. At the very outset, learned Standing Counsel informs 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 the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short "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. 4. 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 certified copy of this 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 finalised expeditiously, preferably within twelve weeks, thereafter. Order Date :- 18.8.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad