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2025 DAILYLAW 92352 (ALL)

SANJAY KUMAR GUPTA v. THE STATE OF U.P. AND 4 OTHERS

WRIC/33172/2025 · 2025-10-05

Kunal Ravi Singh, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33172 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Sri Ravinath Tiwari, learned counsel for the petitioner and Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State- respondents. 2. This writ petition is preferred for the following principal reliefs: "i. Issue a writ, order or direction in the nature of certiorari to quash the impugned notice No.- 4772/12 dated 19.09.2024 and Notice No. 356/177/144 (7) आठ-िव०कु ०-िव०भू०अ०अ० (सं०सं०) ्ऺयागराज on dated 08.11.2024 and an impugned order passed by Special land acquisition Authority / competent authority on dated 09.12.2024 under section 26 to 30 of "the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013" sent, by the Special Land Acquisition Officer/ Concerned Competent Authority, Prayagraj to the petitioner, or ii. Issue a writ, order or direction in the nature of mandamus directing to the respondents to refrain from acquiring residential land of the petitioner without giving proper and fair compensation for the valuable land according to the circle rate existed over the land situated at village Katauhla Gauspur, Tehsil-Sadar, District- Prayagaraj, of Arazi no. 144, measuring total area of 0.1685 Hectare which is connected to the more than 9 meter wide asphalt road linking Kaushambi and Prayagaraj. Versus Counsel for Petitioner(s) : Arya Singh, Ravinath Tiwari Counsel for Respondent(s) : C.S.C. Sanjay Kumar Gupta .....Petitioner(s) The State Of U.P. And 4 Others .....Respondent(s) iii. Issue a writ, order or direction in the nature of mandamus directs to the respondents to conduct re-survey and valuation of the petitioner residential /proposed commercial land, and decide minimum compensation to the tune of Rs.9500 per square meter and due to its location within the Municipal corporation limits, the petitioner is eligible for double / four times compensation under the provisions of Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013." 2. At the very outset, Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State-respondents, raised a preliminary objection regarding the maintainability of the writ petition. He submitted that the acquisition proceedings were undertaken for road widening under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short 'the Act, 2013'). The notice under Section 11 of the Act, 2013 was issued on 04.09.2024, and the notification under Section 19 was issued on 05.11.2024. He further contended that if the petitioner is aggrieved by the quantum of the award, the appropriate remedy lies in seeking a reference before the concerned Collector. Instead of availing that remedy, the petitioner has invoked the writ jurisdiction of this Court, hence, the petition is devoid of merit and liable to be dismissed. 3. Once the objection regarding maintainability of the writ petition has been raised, it is found to be an admitted fact that the award was made on 09.12.2024 under The Act, 2013. In the interest of justice, it is directed that if the petitioner approaches the Collector within two weeks from today, the Collector shall refer the matter to the competent court within thirty days from the date of production of a certified copy of this order. 4. With the aforesaid observations, the writ petition stands disposed of. October 6, 2025 NLY WRIC No. 33172 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad