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Allahabad High Court

KUMAR PAL AND 7 OTHERSversusARUN KUMAR SINGH

Decided

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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