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2025 DAILYLAW 97128 (ALL)

KEDARNATH v. STATE OF U.P. AND 4 OTHERS

WRIC/33013/2025 · 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. - 33013 of 2025 Court No. - 29 (SL No.11) HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard learned counsel for the petitioner, Suresh Bahadur Singh, learned counsel for Gorakhpur Development Authority, Ms. Vatsala, learned counsel for the Nagar Nigam Gorakhpur and Sri Devesh Vikram, learned Additional Chief Standing Counsel for State-respondents. 2. The instant writ petition has been preferred for a direction to respondents authorities not compel and coerce the petitioner to transfer their share of House No. C/0120/210 situated in Mohalla Bakshipur, for "Heritage Corridor Project" without its proper acquisition and paying compensation, under Section 30 of Right to Fair Compensation and Transparency in Land Aquisition, Rehabilitation and Resettlement Act, 2103 (in short, 'the Act, 2013') and to decide the representation dated 09.04.2025 within the time stipulated. 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 Versus Counsel for Petitioner(s) : Indrakesh Kumar Sharma, Sanjay Kumar Singh Counsel for Respondent(s) : C.S.C., Suresh Bahadur Singh, Vatsala Kedarnath .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 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 petitioners 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 finalized expeditiously, preferably within six weeks, thereafter. September 19, 2025 Shubham Arya WRIC No. 33013 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad