Allahabad High Court
KUMAR PAL AND 7 OTHERSversusARUN KUMAR SINGH
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The contempt application is consigned to the record as there is substantial compliance with the earlier court order.
Summary
The High Court of Allahabad entertained a contempt application filed by Kumar Pal and others, alleging willful defiance of its earlier order dated 23 March 2026 directing the Special Land Acquisition Officer to process and disburse compensation for land acquired under the Land Acquisition Act, 1894. The original writ petition sought mandamus directing payment of compensation for specific Araji parcels, and the court had ordered the claim to be settled within three weeks of the order. The respondents produced instructions dated 14 September 2025 showing that the claim had been decided, indicating substantial compliance with the court’s directive. The court held that, given this compliance, the contempt application could not proceed and was therefore consigned to the record, allowing the applicant to raise any further questions in appropriate proceedings. The contempt application was effectively dismissed, and the matter was closed pending any further action by the applicant.
Issues considered
- Whether the respondents willfully defied the High Court's order dated 23 March 2026 directing payment of compensation under the Land Acquisition Act, 1894
- Whether the contempt application should be entertained in view of the compliance shown by the respondents
Legislation cited
Subjects
- contempt of court
- land acquisition
- compensation
- court order compliance
- mandamus
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 5922 of 2026
Kumar Pal And 7 Others
.....Applicant(s)
Versus
Arun Kumar Singh
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar Pandey
Counsel for Opposite Party(s) :
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."
CAPL No. 5922 of 2026
2
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
3
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'.
(Vikas Budhwar,J.)
September 23, 2026
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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