Allahabad High Court
ATUL KUMAR AND 8 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court dismissed the writ petition and directed the petitioners to file a fresh application within ten days for the Authority to decide in accordance with law.
Summary
Petitioners filed a writ petition under Article 226 seeking compensation for their land parcels, which they claim fall under the Uttar Pradesh Land Pooling Policy, but have been in possession of the Aligarh Development Authority since 2019 for a transport project. The Authority contended that the petitioners' lands are not covered by the policy, yet offered to consider any pending application in accordance with law. The Court, without delving into the merits, dismissed the petition and directed the petitioners to file a fresh application within ten days, which the competent authority must decide within eight weeks. No substantive adjudication on the applicability of the policy was made. The order effectively leaves the matter to be re‑examined by the Authority on a fresh application.
Issues considered
- What is the applicability of the Uttar Pradesh Land Pooling Policy to the petitioners' land parcels?
- Whether the Aligarh Development Authority is obligated to pay compensation under the policy?
- Whether the petitioners are entitled to relief under Article 226 of the Constitution?
Subjects
- Land Pooling Policy
- Compensation
- Writ Petition
- Article 226
- Property Rights
- Development Authority
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 34603 of 2026
Atul Kumar And 8 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilendra Singh, Jitender Singh,
Prabhat Kumar Singh
Counsel for Respondent(s) : C.S.C., Vibhanshu Vaibhav
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Shri Prabhat Kumar Singh, learned counsel for the petitioners; Ms.
Uttara Bahuguna, learned Additional Chief Standing Counsel appearing for
the State-respondents; and Shri Vibhanshu Vaibhav, learned counsel
appearing for Aligarh Development Authority, Aligarh (for short,
"Authority").
2. The instant writ petition has been filed under Article 226 of the
Constitution of India seeking a direction commanding respondent No. 3 to
ensure payment of compensation to the petitioner no. 1 to 3 in terms of the
Land Pooling Policy issued by the State Government in respect of their
landed property, comprising plot ad-measuring 230.76 square meters,
0.0167.22 square meters, 0.0167.22 square meters respectively and 1086.99
sq. meters of petitioner nos. 4 to 5 carved out from Khasra No. 326 and area
83.61 square meters of petitioner no.6, 83.61 square meters of petitioner no.
7, 125.67 square meters of petitioner no. 8, 167.22 square meters of
petitioner no. 9 in gata no. 318 ka, situated at Village Lohsara Visawar,
Tehsil Koil, District Aligarh, which have remained in possession of the
Authority since the year 2019 for development of Transport Nagar.
3. Learned counsel for the petitioners vehemently submits that the
petitioners' plots are covered under the Land Pooling Policy framed by the
State Government. He further submits that, despite the aforesaid policy, the
grievance of the petitioners has not been redressed till date on account of the
indecisive stand adopted by the Authority, inasmuch as, on the one hand, the
petitioners' plots have not been identified under the policy and, on the other
WRIC No. 34603 of 2026
2
hand, the possession thereof continues with the Authority, thereby
compelling the petitioners to institute the present writ petition.
4. Shri Vibhanshu Vaibhav, learned counsel appearing for the Aligarh
Development Authority, on the basis of oral instructions, submits that the
petitioners do not fall within the ambit of the policy in question. However,
he submits that the pending application of the petitioners shall be considered
and decided by the competent authority strictly in accordance with law.
5. Considering the facts and circumstances of the case and the relief sought,
without adverting to the merits of the case, the writ petition is disposed of
with the observation that, in case the petitioners move a fresh application
within ten days from today, the same shall be considered and decided strictly
in accordance with law by the competent authority within a further period of
eight weeks thereafter.
September 17, 2026
PK
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
Digitally signed by :-
PRAVEEN KUMAR
High Court of Judicature at Allahabad
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