MADARSA INDIAN PUBLIC SCHOOL AND ANOTHER v. UNION OF INDIA AND 4 OTHERS
WRIC/33295/2025 · 2025-09-21
Anish Kumar Gupta, Mahesh Chandra Tripathi
body2025
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[ 2025 DAILYLAW 99114 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 99114 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33295 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard learned counsel for the petitioners and Shri Ambrish Shukla, learned Addl. Chief Standing Counsel for State respondents.
2. The instant petition has been filed praying for a writ of mandamus commanding respondent no. 4 i.e., Land Acquisition Officer to consider and decide the objections dated 09.10.2024, 24.10.2024 and 05.05.2025 moved by the petitioners before respondent no. 4 in respect of acquisition of Gata No.88 area 0.038 hect. situated at Bansi- Nandaur- Khalilabad State Highway No.88 Pakki Road, Village Goiethaha (Bansi Purab), Jigna, Thsil Mehdawal, Distt. Sant Kabir Nagar.
3. The aforesaid land of the petitioners is subject to acquisition under the provisions of the Railways Act, 1989. A declaration under Section 20-E of the Act was issued on 11th September, 2024. The respondents invited objections from the affected persons. The petitioners claim to have filed objections on 09.10.2024, 24.10.2024 and 05.05.2025 on the ground that the acquired land is commercial in character and compensation should be determined accordingly. The instant petition has been filed for a direction to decide the said objections.
4. Section 20-F(4) stipulates that it is incumbent upon the Competent Authority to give notice in two local newspapers inviting claim from all persons interested in the land. The interested person may file objections and, thereafter, the same is to be heard before the Competent Authority proceeds Versus Counsel for Petitioner(s) : Ajeet Kumar Baranwal, Dibya Baranwal Counsel for Respondent(s) :
A.S.G.I., C.S.C. Madarsa Indian Public School And Another .....Petitioner(s) Union Of India And 4 Others .....Respondent(s)
to determine compensation.
5. In case, the award has still not been passed, it goes without saying that the Competent Authority would examine the objections and consider the same while passing the award.
6. The petition stands disposed of accordingly.
7. It is made clear that the Court has not adverted on merits of the issue. September 22, 2025 SP/ WRIC No. 33295 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad