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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33433 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Shri Ajeet Kumar Baranwal, learned counsel for the petitioner, Shri Fuzail Ahmad Ansari, learned Standing Counsel for the State respondents and Shri Satendra Kumar Upadhyay, learned counsel for the respondents no. 1, 2 and 3.
2. The instant petition has been filed praying for a writ of mandamus commanding respondent no. 4-Land Acquisition Officer, Sant Kabir Nagar to consider and decide the objections dated 02.01.2025 and 07.07.2025 moved by the petitioner before respondent no. 4 regarding declaration of share of the petitioner i.e. 63.25 square meter in Gata No. 88 situated at Bansi-Nandaur-Khalilabad State Highway No. 88 Pakki road Village Goiethaha (Bansi Purab), Tahsil Mehdawal, District - Sant Kabir Nagar.
2. The aforesaid land of the petitioner 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 petitioner claim to have filed objections on 02.1.2025 and 07.7.2025 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. Versus Counsel for Petitioner(s) : Ajeet Kumar Baranwal, Dibya Baranwal Counsel for Respondent(s) : A.S.G.I., C.S.C., Satendra Kumar Upadhyay Prema Devi .....Petitioner(s) Union Of India And 4 Others .....Respondent(s)
3. Section 20-F(4) of the Railways Act, 1989 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 to determine compensation.
4. 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.
5. The petition stands disposed of accordingly.
September 23, 2025 Kirti WRIC No. 33433 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad