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2025 DAILYLAW 95041 (ALL)

SMT. MADHURI v. STATE OF U.P. AND 5 OTHERS

WRIC/31858/2025 · 2025-09-18

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31858 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 learned Standing Counsel for State respondents. 2. The instant writ petition has been preferred for following relief:- "A. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities for the payment of compensation of land including the house constructed over the Gata no.51 area 310 Sq. Mtr. out of area 0.1240 hects. situated at Villge Khutaha, Tehsil Karvi, District Chitrakoot for the construction of Chitrakoot Link Expressways under the control of Uttar Pradesh Expressways Industrial Development Authority, and further be pleased to direct the respondent no.2 to decide the representation dated 5.7.2025 pending before it within a reasonable period." 3. Learned counsel for the petitioner has submitted that the compensation of the petitioner's land has been quantified as agricultural land, whereas other similar situated persons have been given the rate of non-agricultural land. Some exemplars in this regard have also been annexed as Annexure No.4 to the writ petition. He alleges that the respondents have adopted pick and choose policy and as such indulgence may be accorded by this Court. 4. Learned Standing Counsel has informed 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 Versus Counsel for Petitioner(s) : Nand Lal Yadav, Prem Chandra Counsel for Respondent(s) : C.S.C., Ishan Deo Giri, Vijay Vikram Singh Smt. Madhuri .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 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 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He submits that grievance of the petitioner qua discrimination may also be considered by the District Level Committee. 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. 5. 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 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 19, 2025 SP/ WRIC No. 31858 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad