Allahabad High Court

SOURYA ESTATES PRIVATE LIMITED COMPANYversusSTATE OF U.P. AND 3 OTHERS

Decided: 13 May 2026
Bench: MAHESH CHANDRA TRIPATHI KUNAL RAVI SINGH

Holding

Compensation shall be released in favour of the petitioner if the detailed application before the Additional District Magistrate is processed within three months and no impediment is found.

Summary

Sourya Estates Private Limited, a company registered under the Companies Act, 1956, owned one‑third shares in two plots that were acquired by the government and an award for compensation was made on 30‑12‑2023. The company filed a writ petition seeking the disbursement of the awarded compensation, alleging that the Additional District Magistrate (Land Acquisition), Ghaziabad had not processed its applications. The State counsel argued that the grievance should be examined by the Additional District Magistrate in accordance with law, while the Ghaziabad Development Authority (GDA) contended that it was the competent authority and that compensation had already been deposited with the Special Land Acquisition Officer. The Court, without inviting further objections, directed the petitioner to file a detailed application before the Additional District Magistrate and ordered that the application be decided within three months, with compensation released if no impediment existed. The writ petition was consequently disposed of.

Issues considered

Whether the petitioner is entitled to the compensation awarded in the land acquisition award.
Whether the Additional District Magistrate (Land Acquisition), Ghaziabad has jurisdiction to process the petitioner’s grievance.
Whether the Ghaziabad Development Authority is the competent authority for releasing the compensation.

Legislation cited

Companies Act, 1956 — s. 23(1)

Subjects

land acquisition
compensation
writ petition
company law
jurisdiction
Special Land Acquisition Officer

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 19038 of 2026

Sourya Estates Private Limited Company
.....Petitioner(s)
Versus

State Of U.P. And 3 Others
.....Respondent(s)

Counsel for Petitioner(s) : Kalp Nath Rai
Counsel for Respondent(s) : C.S.C., Tejasvi Misra

Court No. - 21

HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.

1. Heard Sri Kalp Nath Rai, learned counsel for the petitioner, Sri
Ambrish Shukla, learned Additional Chief Standing Counsel for the State
respondents and Sri Tejasvi Misra, learned counsel for Ghaziabad
Development Authority.

2. The petitioner company is registered under the Company Act, 1956.
Initially, it was registered as Niti Shree Buildtech Private Limited but
later on, it has been changed as Sourya Estates Private Limited w.e.f.
23.04.2012 and certificate was issued under Section 23(1) of the said Act,
which is appended as Annexure-2 to the writ petition.

3. Learned counsel for the petitioner submits that initially, the petitioner
company was having 1/3 share in Plot No. 1236 admeasuring 0.0770
hectare and Plot No. 1247 admeasuring 0.2140 hectare and was also
recorded in the revenue record of the concerned Tehsil (Gram Sabha Noor
Nagar (Loni), Tehsil and District Ghaziabad). Learned counsel for the
petitioner further submits that the portion was acquired and award was
also made on 30.12.2023. The petitioner company has moved various
applications for disbursement of compensation but till date the application
has not been processed by the Additional District Magistrate (Land
Acquisition), Irrigation, Ghaziabad (respondent no. 4).

4. Sri Ambrish Shukla, learned Additional Chief Standing Counsel
submits that in case, the petitioner claims as rightful owner of the land in
WRIC No. 19038 of 2026
2

dispute and the award has also been made, if the matter is relegated to
the Additional District Magistrate (Land Acquisition), Irrigation,
Ghaziabad, the grievance of the petitioner shall be examined in
accordance with law.

5. On the other hand, Sri Tejasvi Misra, learned counsel for Ghaziabd
Development Authority submits that G.D.A. is the competent authority
and the adequate compensation has already be deposited with the Special
Land Acquisition Officer. He submits that he has no objection in case, the
petitioner approaches the Special Land Acquisition Officer.

6. Considering the relief, as prayed for, at this stage, we are not inclined
to invite the objection from the respondents.

7. The instant writ petition stands disposed of with the observation that in
case, the petitioner files a detailed application ventilating its grievance
before the Additional District Magistrate (Land Acquisition), Irrigation,
Ghaziabad, we expect that the said application shall be processed and
decided within three months strictly in accordance with law. In case, there
is no impediment, in view of the award, compensation shall be released in
favour of the petitioner.

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

Digitally signed by :-
GANESH PRAKASH
High Court of Judicature at Allahabad

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