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2025 DAILYLAW 94163 (ALL)

SMT. HIRA DEVI v. UNION OF INDIA AND 2 OTHERS

WRIC/31546/2025 · 2025-09-16

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31546 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard learned counsel for the petitioner and Shri Akhileshwar Singh, learned Additional Chief Standing Counsel for State-respondents. Shri R.K. Jaiswal appearing for respondent no.1-Union of India and vakalatnama filed by him is taken on record. 2. The instant writ petition has been preferred for following reliefs:- "(a) Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the case of the petitioner to make payment of compensation towards about 8 Biswa of land of Gata No.1026 situated in Village Gadhi Usra, Tehsil Fatehabad, District Agra, as even though in the notification dated 15.06.2024 issued under Section 20E of Railways Act, 1989 the details of aforesaid land has not been mentioned but the respondents have included the aforesaid land for acquisition, maintenance, management and operation of construction of Fly Over (10 KM) for down trains towards Bhandai, Etawah within certain stipulated time as fixed by this Hon'ble Court. (b) Issue a writ, order or direction in the nature of mandamus restraining the respondents from dispossessing the petitioner over the aforesaid land in dispute being Gata No.1026 situated in Village Gadhi Usra, Tehsil Fatehabad, District, Agra." 3. At the very outset, learned Addl. Chief 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 Versus Counsel for Petitioner(s) : Prabhakar Dwivedi, Sanjay Singh Counsel for Respondent(s) : A.S.G.I., C.S.C., Rajesh Kumar Jaiswal Smt. Hira Devi .....Petitioner(s) Union Of India And 2 Others .....Respondent(s) 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. 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 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 petitioner and ensure that the proceeding shall be finalised expeditiously, preferably within twelve weeks, thereafter. September 17, 2025 SP/ WRIC No. 31546 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad