PARAM JYOTI AND ANOTHERversusSTATE OF UP AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 16119 of 2026

Param Jyoti And Another
                                                             .....Petitioner(s)
                                   Versus

State Of Up And 2 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)       : Nandini Mishra, Navin Singh, Ranjana
                                  Singh
Counsel for Respondent(s)       : C.S.C.

Court No. - 21
            HON'BLE MAHESH CHANDRA TRIPATHI, J.
            HON'BLE KUNAL RAVI SINGH, J.

1. Heard learned counsel for the petitioners, Shri Ambrish Shukla, learned
Additional Chief Standing Counsel for State-respondent and Sri Sudhir
Mishra, learned counsel appearing on behalf of respondent no. 3.

2. The instant writ petition has been preferred praying inter alia for the
following relief:

     "1. Issue a writ order or direction in the Nature of mandamus
     direct the respondent no. 2 and 3 to pay payment of compensation
     of their land in question bearing Gata no. 1368 Ga, 1368 Chh,
     and 1368 Jh (old Gata no. 757)total rakba 2 Beegha situated at
     Village-Deokali, Tehsil Saidpur, District Ghazipur, which was
     illegally encroached by the National Highway Authority of India
     with interest without any delay in lieu of their unacquired land.

     2. Issue a writ, order, or direction in the nature of mandamus
     commanding and directing the respondent authority not to
     release the compensation of the Gata no. 756 and 760 in favor of
     the beneficiary during the pendency of the claim of the petitioner.

     3. Issue a writ, order, or direction in the nature of mandamus
     direct the respondents authority to take appropriate decision
     upon the application of the petitioner dated 15.07.2025, with in
     reasonable time-frame as may be fixed by this Hon'ble Court."
                                                                                           WRIC No. 16119 of 2026
                                                                    2


                                    3. At the very outset, learned Additional Chief 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 petitioners, the matter should be relegated to the
                                    District Level Committee, which may examine the claim of petitioners
                                    within a reasonable time and submit its report to the Chairman/District
                                    Magistrate, 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
                                    petitioners to make fresh representation along with true attested copy of the
                                    instant order before 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
                                    petitioners and ensure that the proceeding shall be finalized expeditiously,
                                    preferably within twelve weeks, thereafter.



                                                       (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
                                    May 6, 2026
                                    Sumit S




Digitally signed by :-
SUMIT SRIVASTAVA
High Court of Judicature at Allahabad