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2026 DAILYLAW 2436 (ALL)

RAM CHANDRA KUSHWAHA v. STATE OF U.P. AND 3 OTHERS

WRIC/19029/2026 · 2026-05-13

Kunal Ravi Singh, Mahesh Chandra Tripathi

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 19029 of 2026 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard learned counsel for the petitioner; Sri Ambrish Shukla, learned Additional Chief Standing Counsel for State-respondents and Sri Vibhu Rai, learned counsel for respondent no. 4. 2. The instant writ petition has been preferred inter alia for the following relief: "(a) issue a writ, order or direction in the nature of mandamus commanding the competent authority Nagar Nigam Prayagraj/ Prayagraj Development Authority to give the compensation to the petitioner for the acquire area in Arazi No.840 measuring area 0.491 hectare situated in Mauja Rasulpur Maria Deeh Uperhar, Prayagraj and Tehsil Sadar, District Prayagraj." 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 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, Versus Counsel for Petitioner(s) : Mahabir Yadav, Vijay Kumar Kushwaha Counsel for Respondent(s) : C.S.C., Harsh Vardhan Gupta, Pooja Talwar, Vijay Bahadur Maurya Ram Chandra Kushwaha .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) who may accord adequate compensation accordingly. 4. 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. 5. 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 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 Pkb/ WRIC No. 19029 of 2026 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad