Allahabad High Court
JANGBAHADUR AND 5 OTHERSversusUNION OF INDIA AND 3 OTHERS
- Decided
Holding
The petition must be pursued before the District Level Committee as per the 2016 Government Order, and the court will not entertain a direct compensation claim.
Summary
The petitioners filed a writ petition seeking compensation for land acquired by the Union of India in Ghazipur district. They claimed that the respondents had not paid adequate compensation for Arazi No. 34 and 12. The respondents pointed to a Government Order dated 12 May 2016, which mandates that such claims be examined by a District Level Committee under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The court noted that the constitutional provisions on eminent domain (Articles 300A and 31A) require compensation but that the prescribed remedial mechanism must be followed. Consequently, the court dismissed the writ petition, directing the petitioners to file a fresh representation before the District Level Committee within two weeks, and the committee to decide the claim within twelve weeks. The order emphasizes that the matter be resolved through the administrative process rather than judicial intervention.
Issues considered
- The petitioners' entitlement to compensation for land acquisition without first approaching the District Level Committee.
- Whether the Government Order of 12 May 2016 provides an adequate and exclusive remedy under the 2013 Land Acquisition Act.
- Applicability of Articles 300A and 31A of the Constitution in the context of the petition.
Legislation cited
Subjects
- land acquisition
- compensation
- writ petition
- District Level Committee
- Right to Fair Compensation Act
- eminent domain
- Article 300A
- Article 31A
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 16684 of 2026
Jangbahadur And 5 Others
.....Petitioner(s)
Versus
Union Of India And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arun Kumar Srivastava, Sanyukta
Srivastava
Counsel for Respondent(s) : A.S.G.I., Anurag Yadav, C.S.C., Varun
Kumar Srivastava
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Shri Arun Kumar Srivastava, learned counsel for the petitioners;
Shri Varun Kumar Srivastava, learned counsel for the Union of India; Shri
Ambrish Shukla, learned Additional Chief Standing Counsel for the State-
respondents and Shri Sudheer Mishra, learned counsel for the respondent -
National Highway Authority of India (NHAI).
2. The instant writ petition has been preferred for a direction to respondents
to provide the compensation of the acquired land of the petitioners regarding
Arazi No. 34 and 12 situated in Mauza Raipur, Tehsil Saidpur, District
Ghazipur. Alternatively, prayer is made to decide the representation dated
12.08.2025.
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 the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 (in short the '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
WRIC No. 16684 of 2026
2
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 District Level 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 finalised
expeditiously, preferably within twelve weeks, thereafter.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
May 7, 2026
A.K.Srivastava
Digitally signed by :-
ARUN KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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