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2025 DAILYLAW 90353 (ALL)

BIPIN KUMAR GOEL v. STATE OF U.P. AND 3 OTHERS

WRIC/30188/2025 · 2025-09-09

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30188 of 2025 Court No. - 29 (Sl. No.21) HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Aman Srivastava, Advocate holding brief of Sri Shreesh Srivastava, learned counsel for the petitioner, Sri Dharmendra Singh Chauhan, learned counsel for the Development Authority and Shri Devesh Vikram, learned Additional Chief Standing Counsel for State- respondents. 2. The instant writ petition has been preferred for a direction to respondents to provide the possession or adequate compensation of the acquired land of 500 sq. yard, which was utilized by the respondents for developing a colony, which is not situated at Ward No.53, Nagar Nigam, Mathura and for a further direction to respondents not to take over the land of petitioner without following the due procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short the 'Act 2013'). 3. At the very outset, 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 petitioners, the matter should be relegated to the District Level Committee, which may examine the claim of petitioners within a Versus Counsel for Petitioner(s) : Shreesh Srivastava Counsel for Respondent(s) : C.S.C., Dharmendra Singh Chauhan Bipin Kumar Goel .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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 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 petitioners and ensure that the proceeding shall be finalised expeditiously, preferably within six weeks, thereafter. September 10, 2025 Ashish Pd. WRIC No. 30188 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad