DR. WASIM AHMAD SIDDIQUIversusUNION OF INDIA AND 4 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - C No. - 18970 of 2026

Dr. Wasim Ahmad Siddiqui
                                                                    .....Petitioner(s)
                                       Versus

Union Of India And 4 Others
                                                                  .....Respondent(s)

Counsel for Petitioner(s)              :   Irshad Saleem, Sr. Advocate
Counsel for Respondent(s)              :   A.S.G.I., C.S.C., Shiv Kumar Pal

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

1. Heard Sri Niyaz Chaudhary, learned Senior Counsel assisted by Sri
Irshad Saleem, learned counsel for the petitioner; Sri Fuzail Ahmad
Ansari, learned Standing Counsel for State-respondents and Sri Shiv
Kumar Pal, learned counsel for 1, 4 and 5.

2. The instant writ petition has been preferred, inter alia, for the following
reliefs:

     "i) Issue a writ order or direction in the nature of certiorari quashing the
     illegal demolition action of respondent nos. 1, 4 and 5 and further to
     provide rehabilitation/resettlement of petitioner.

     ii) Issue a writ order or direction in the nature of mandamus
     directing/commanding the respondent nos. 1, 4 and 5 to forthwith give
     compensation to the petitioner at the market rate of petitioner's portion of
     plot No.220/1 and cost of construction of House No.163-B/1, (Varandah,
     Kitchen Toilet etc. in two floor) Meerapatti, Police Station Dhoomanganj,
     District Prayagraj and second house No. 150K/1W/N/T Meerapatti
     Dhoomanganj, Prayagraj having 04 rooms, verandah, toilet kitchen etc,
     land of which was purchased by the petitioner situated at Mauja-
     Meerapatti, Pargana and Tehsil-Sadar, District Prayagraj House
     No.163-B/1, District Po the petitioner. 05 MAY 200 Police Station-
     Dhoomanganj, as purchased and constructed by the petitioner.

     iii) Issue a writ order or direction in the nature of mandamus
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     directing/commanding the respondent No. 2 District Magistrate,
     Prayagraj to get the area occupied by respondent Nos. 1, 4 and 5
     demarcated by the revenue authorities and if respondent Nos. 1, 4 and 5
     may be dispossessed if found in illegal possession of petitioner's land
     within stipulated period as fix by this Hon'ble Court."

3. At the very outset, Sri Niyaz Chaudhary, learned Senior Counsel
submits that the petitioner is not inclined to press the relief no. 1, as till
date the actual demarcation has not been carried out, whereas the claim
and counter claims have been set up by the petitioner as well as railways.
He submits that even though the suit proceedings are pending
consideration for injunction, meanwhile the Authorities have carried out
the demarcation. He submits that in order to redress of grievance of the
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, and he has no objection in case the matter is referred to the District
Level Committee.

4. Learned Standing Counsel as well as Sri Shiv Kumar Pal, learned
counsel for respondent nos. 1, 4 and 5 have no objection to the prayer so
made by the learned Senior Counsel.

5. 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.

6. 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 petitioner 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
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                                    claim of the petitioner and ensure that the proceeding shall be finalised
                                    expeditiously, preferably within twelve weeks, thereafter.


                                                      (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
                                    May 14, 2026
                                    Pkb/




Digitally signed by :-
PRAMOD KUMAR BAJPAI
High Court of Judicature at Allahabad