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2026 DAILYLAW 8871 (ALL)

KUMAR PAL AND 7 OTHERS v. ARUN KUMAR SINGH

CAPL/5922/2026 · 2026-09-22

Vikas Budhwar

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 5922 of 2026 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. The present contempt application has been preferred alleging willful defiance of the order dated 23.03.2026 passed in Writ-C No. 10731 of 2026, order whereof is quoted hereinunder.- "1. Heard Shri Sunil Kumar Pandey, learned counsel for the petitioners, Shri Akhileshwar Singh, learned Standing Counsel for the State- respondents and Shri A.B. Singhal, learned counsel for the respondent - Yamuna Expressway Industrial Development Authority (YEIDA). 2. The instant writ petition has been preferred for following reliefs:- "A) Issue a writ, order or direction in the nature of Mandamus and direct the respondent no.3 and 4 to pay the compensation to the petitioners of acquired land as Araji No. 1169 area 0.1140 hectare and Araji No. 1170 area 0.1140 hectare and Araji No. 1171 area 0.0890 hectare and Araji No. 1172 area 0.0760 hectare, situated in Village- Mehandipur Bangar, Pargana & Tehsil- Jewar, District- Gautam Budh Nagar with interest within stipulated period as fix by this Hon'ble Court. B) Issue a writ, order or direction in the nature of Mandamus and direct the respondent no.3 to take decision upon the Letter dated 25.04.2022 of the Tehsildar Jewar, District Gautam Buddh Nagar, pending before him in accordance with law within time bound period as fix by this Hon'ble Court. C) Issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. D) Award the cost of the petition to the petitioners." Versus Counsel for Applicant(s) : Sunil Kumar Pandey Counsel for Opposite Party(s) : Kumar Pal And 7 Others .....Applicant(s) Arun Kumar Singh .....Opposite Party(s) 3. Learned counsel for the petitioners submits that the petitioners are owners of the land in question, which was acquired under the Land Acquisition Act, 1894. Admittedly, the award was made on 12.08.2016. He further submits that the petitioners are residing in Delhi and had no knowledge of the award dated 12.08.2016, although other tenure-holders have already received compensation pursuant thereto. He submits that, upon coming to know of the award, the petitioners moved an application before the concerned Tehsildar. In support of his submission, he has placed reliance upon an endorsement made by the concerned Tehsildar, Tehsil Jewar, District Gautam Budh Nagar, which has been appended as Annexure-3 to the writ petition. He, therefore, submits that a direction be issued to the respondent, namely the Additional District Magistrate (Land Acquisition), District Gautam Budh Nagar, to process the claim of the petitioners and disburse the actual compensation payable under the award dated 12.08.2016. 4. Shri A.B. Singhal, learned counsel for the respondent - YEIDA, fairly submits that they have no objection in case the matter is relegated to the competent authority and that this aspect may be examined, in the first instance, by the competent authority, namely the Additional District Magistrate (Land Acquisition), District Gautam Budh Nagar, provided there is no other impediment. 5. Considering the relief as prayed for, no useful purpose would be served in keeping the writ petition pending consideration. 6. Accordingly, without expressing any opinion on the merits of the case and with the consent of the parties, the writ petition is disposed of with the observation that, in case the petitioners have right, title and claim over the acquired land in question, the compensation payable to them shall be disbursed without any inordinate delay, especially when the award was made as far back as on 12.08.2016. The competent authority concerned, namely the Special Land Acquisition Officer, is directed to process the claim of the petitioners for disbursement of compensation, in accordance with law, within a period of three weeks from the date of presentation of a certified copy of this order, provided there is no impediment." 2. Today, instructions have been produced, according to which, the claim CAPL No. 5922 of 2026 2 has been decided on 14.09.2025. A copy of the same be served upon the learned counsel for the applicant. 3. Since there has been substantial compliance, the present contempt application is consigned to record leaving it open to the applicant to question the same before appropriate proceedings. 4. Instructions filed today are taken on record and marked as Appendix 'A'. September 23, 2026 Rajesh CAPL No. 5922 of 2026 3 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad