Allahabad High Court

SANTRAJ SINGHversusSTATE OF U.P. AND 7 OTHERS

Decided: 7 September 2026
Bench: ANISH KUMAR GUPTA

Holding

The appeal under Section 74 is not maintainable and is dismissed as withdrawn.

Summary

The appellant, Santraj Singh, filed an appeal under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, challenging an order dated 24.03.2026. The Registry objected, stating that a Section 74 appeal can be filed only against an award passed by the acquiring authority, not against the impugned order. The court examined the provision, noting that Section 74 deals with disputes over compensation and is limited to awards. After the objection, the appellant’s counsel sought to withdraw the petition while preserving the right to pursue other remedies. The High Court dismissed the appeal as withdrawn, granting liberty to the appellant to seek alternative remedies.

Issues considered

Whether an appeal under Section 74 of the RFCTLARR Act, 2013 is maintainable against the impugned order dated 24.03.2026
Whether the High Court has jurisdiction to entertain such an appeal

Legislation cited

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — s. 74

Subjects

Section 74
Land acquisition
Compensation dispute
Maintainability of appeal
Withdrawal of petition
High Court of Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 FIRST APPEAL DEFECTIVE No. - 679 of 2026

Santraj Singh
                                                           .....Appellant(s)
                                  Versus

State Of U.P. And 7 Others
                                                         .....Respondent(s)

Counsel for Appellant(s)         : Madan Mohan, Parmeshwar Yadav
Counsel for Respondent(s)        : C.S.C.

Court No. - 34

(SN.4)

                  HON'BLE ANISH KUMAR GUPTA, J.

1. Heard Sri Parmeshwar Yadav, learned counsel for the appellant.

2. The Office has raised the objection that against the impugned order in
the instant appeal dated 24.03.2026, the instant appeal under Section 74 of
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 is not maintainable as the
appeal under Section 74 can be filed before this Court only against an
award passed by the Authority concerned not otherwise.

3. In such view, Section 74 of the Act, 2013 reads as follows:

     "13. The officer so authorised under section 12 shall at the
     time of entry under section 12 pay or tender payment for any
     damage caused, and, in case of dispute as to the sufficiency of
     the amount so paid or tendered, he shall at once refer the
     dispute to the decision of the Collector or other chief revenue
     officer of the district, and such decision shall be final."

4. In view of the aforesaid objection of the Registry, learned counsel for
the appellant after some argument seeks to withdraw the instant petition
with liberty to avail such other remedies, which may be available to the
appellant under the law.

5. Accordingly, the instant appeal is dismissed as withdrawn with liberty
                                                                 FAPLD No. 679 of 2026
                                                        2


                                    as prayed.



                                                            (Anish Kumar Gupta,J.)
                                    September 8, 2026
                                    Shubham Arya




Digitally signed by :-
SHUBHAM ARYA
High Court of Judicature at Allahabad

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