HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17960 of 2026 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Shri Ajay Sengar, learned counsel for the petitioner and Shri Fuzail Ahmad Ansari, learned Standing Counsel for State-respondents. 2. The instant writ petition has been preferred for following reliefs:- "(A) A writ, order or direction in the nature of mandamus commanding the respondent no.01 to 03 herein not to construct or extend the Asphalt Road (Damar Road) from the Agricultural land, belongs to the petitioner herein in Plot No.267, rakwa 0.6450hectare (Jodhepura Batta), Plot No.273A, rakwa 0.0250 hectares and Plot No.273B, rakwa 0.3260 hectares situated in the Village Kudwa (Jodhepura Dharmkata), Tehsil & Pargana Narval, District Kanpur Nagar without payment of compensation to the petitioner herein under the Land Acquisition Act concerned and without adopting due procedure of law. (B) A writ, order or direction in the nature of mandamus commanding the respondent no.01 to 03 herein to construct or extend the Asphalt road (Damar Road) as shown in the schedule revenue records and not in the agricultural land, belongs to the petitioner herein in Plot No.267, rakwa 0.6450 hectare (Jodhepura Batta), Plot No.273A, rekwa 0.0250 hectares and Plot No.273B, rakwa 0.3260 hectares, situated in the Village Kudwa (Jodhepura Dharmkata) Tehsil & Pargana Narval, District Kanpur Nagar, without payment of compensation to the petitioner herein under the Land Acquisition Act concerned and without adopting due procedure of law." 3. Learned counsel for the petitioner submits that earlier the petitioner had preferred Writ-C No.20156 of 2025 (Amit Kumar v. State of U.P. & Ors.) with the grievance that without acquiring the land, the respondent authorities Versus Counsel for Petitioner(s) : Ajay Sengar Counsel for Respondent(s) : C.S.C. Amit Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) are raising certain construction/extending the Asphalt Road (Damar Road) from the agricultural land belonging to the petitioner. The said writ petition was disposed of on 1.7.2025 asking the competent authority to consider and decide the claim/ application of the petitioner. Learned counsel for the petitioner alleges that instead of taking final call on the said application, in response to the aforesaid Division Bench order, the respondent authorities, on the spot, are carrying out construction. Sufficient material, in this regard, is also appended along with the instant writ petition. He submits that at present the petitioner has confined his relief that in case the arazi of the petitioner is utilized for road widening, the adequate compensation be paid under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short the 'Act 2013'). 4. Learned Standing Counsel, on the other hand, submits that in response to the previous order dated 7.5.2026, the instructions are still awaited. However, he submits 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 the Act 2013. 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. The position of law is well-established that in view of Article 300A and 31A of the Constitution of India, the owner of land can be divested only in accordance with law after appropriately compensating, if such land is required by the State for public purpose. Since such power of eminent domain is not in dispute, we need not advert the matter at this stage in view of Government order dated 12.05.2016. 6. 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 WRIC No. 17960 of 2026 2 petitioner 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 petitioner and ensure that the proceeding shall be finalised expeditiously, preferably within twelve weeks, thereafter. May 14, 2026 SP/ WRIC No. 17960 of 2026 3 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad