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2025 DAILYLAW 99264 (ALL)

MUSHTAQ AHMAD v. UNION OF INDIA AND 4 OTHERS

WRIC/33613/2025 · 2025-09-23

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33613 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard learned counsel for the petitioner, Shri Prem Narain Rai, learned counsel for respondent nos.1 to 3 and Shri Fuzail Ahmad Ansari, learned Standing Counsel for State respondent nos.4 and 5. 2. The instant petition has been filed praying for a writ of mandamus commanding respondent no.4 i.e., Land Acquisition Officer/Additional District Magistrate (Finance and Revenue), Sant Kabir Nagar to consider and decide the objections dated 03.02.2025 & 07.07.2025 moved by the petitioner before respondent no.4 in respect of acquisition of share of petitioner in Gata No.357 area 0.0142 hectare situated at Village Samda, Pargana Magahar Purab, Tehsil Mehdawal, District Sant Kabir Nagar. 3. 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's claim to have filed objections on 03.02.2025 and 07.07.2025 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) of the Railway 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 Versus Counsel for Petitioner(s) : Ajeet Kumar Baranwal, Dibya Baranwal Counsel for Respondent(s) : A.S.G.I., C.S.C. Mushtaq Ahmad .....Petitioner(s) Union Of India And 4 Others .....Respondent(s) may file objections and, thereafter, the same is to be heard before the Competent Authority proceeds 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. September 24, 2025 RKP WRIC No. 33613 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad