Allahabad High Court

SANTOSH KUMARIversusSTATE OF U.P. AND 3 OTHERS

Decided: 7 September 2026
Bench: SUDHANSHU CHAUHAN SARAL SRIVASTAVA

Holding

The Court directed the petitioner to file a fresh representation before the District Magistrate/Special Land Acquisition Officer, who must decide the matter within one month.

Summary

Santosh Kumari challenged the acquisition of her property by a notification dated 04‑02‑2026, having filed an objection under Section 15 of the Land Acquisition, Rehabilitation and Resettlement Act, 2013 which remained pending before the District Magistrate/Special Land Acquisition Officer, Jhansi. She sought a writ directing the competent authority to consider her grievance. The Court, after hearing counsel, refrained from examining the merits of the acquisition. It ordered the petitioner to file a fresh representation, attaching a certified copy of the judgment, before the District Magistrate/Special Land Acquisition Officer within one month. The Court further directed that the authority must decide the representation strictly in accordance with law within one month of receipt. Accordingly, the writ petition was disposed, granting the relief sought.

Issues considered

Whether the petitioner can be directed to file a fresh representation before the competent authority for consideration of her Section 15 objection.
Whether the Court can impose a time‑bound deadline on the competent authority to decide the representation.

Legislation cited

Land Acquisition, Rehabilitation and Resettlement Act, 2013 — s. 15

Subjects

land acquisition
Section 15 objection
writ petition
representation
competent authority
time‑bound decision

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 35387 of 2026

                                    Santosh Kumari
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Ashutosh Singh, Surya Pratap Singh
                                    Counsel for Respondent(s)          :   C.S.C., Jai Bahadur Singh

                                    Court No. - 40
                                                     HON'BLE SARAL SRIVASTAVA, J.
                                                     HON'BLE SUDHANSHU CHAUHAN, J.

                                    1. Heard learned counsel for the petitioner, learned Standing Counsel for
                                    respondent No.1 to 3 and Sri Jai Bahadur Singh, learned counsel for the
                                    respondent No.4.

                                    2. Grievance of the petitioner is that the petitioner's property detailed in the
                                    writ petition has been acquired by notification dated 04.02.2026. It is
                                    submitted that the petitioner has filed objection under Section 15 of the Land
                                    Acquisition, Rehabilitation and Resettlement Act, 2013 against the
                                    acquisition of her land before the respondent No.2 but the same has not yet
                                    been decided.

                                    3. Learned Standing Counsel contends that the matter can very well be
                                    considered by the competent authority and therefore, an appropriate
                                    direction be issued to the competent authority to consider the grievance of
                                    the petitioner.

                                    4. Considering the facts and circumstances of the case and without adverting
                                    into the merits of the case, the writ petition is disposed off permitting the
                                    petitioner to file a fresh representation alongwith certified copy of this order
                                    raising all her grievances before the respondent No.2-District
                                    Magistrate/Special Land Acquisition Officer, Jhansi within a period of one
                                    month from today. In case, any such representation is filed by the petitioner,
                                    the respondent No.2 shall consider and decide the same strictly in
                                    accordance with law within a period of one month thereafter from the date
                                    he receives the representation of the petitioner.

                                    September 8, 2026
                                    SS
                                                               (Sudhanshu Chauhan,J.) (Saral Srivastava,J.)




Digitally signed by :-
SUNIL KUMAR SHARMA
High Court of Judicature at Allahabad

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