Allahabad High Court
KHALIFA MOHAMAD HADDISversusSTATE OF UTTAR PRADESH AND 5 OTHERS
- Decided
Holding
The court held that the Collector must consider the petitioner's objection to the circle rate and, if sustained, revise the rate before determining compensation under Section 20F of the 1989 Act.
Summary
The petitioner sought to quash a notification acquiring his land in Rehra village, to set aside a circle‑rate list that omitted his property, and to compel the Collector and the acquiring authority to revise the circle rate and award compensation under the Land Acquisition Act, 1989. Relying on the earlier decision in Rajendra Singh v. Union of India, the petitioner argued that the exclusion of his land was arbitrary. The respondents did not contest the factual background. The Court, agreeing that the petition did not merit full relief, disposed of the writ but issued specific directions: the Collector must consider the objection within two weeks, decide within four weeks, and, if justified, revise the circle rate for FY 2025‑26 and ensure compensation is calculated only after such revision under Section 20F. The Court clarified it made no finding on the validity of the acquisition itself, limiting its order to ensuring fair compensation.
Issues considered
- Whether the notification acquiring the petitioner's land can be quashed.
- Whether the circle‑rate list arbitrarily excluding the petitioner's land can be set aside.
- Whether mandamus can be issued directing the Collector to revise the circle rate.
- Whether mandamus can be issued directing the acquiring authority to award compensation based on a revised rate.
- Whether the petitioner's objection to the circle rate must be entertained before compensation is determined.
Legislation cited
- Land Acquisition Act, 1989 — s. 20F
Subjects
- land acquisition
- circle rate
- compensation
- mandamus
- certiorari
- quashing
- Uttar Pradesh
- High Court
- fair compensation
- Section 20F
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35832 of 2026
Khalifa Mohamad Haddis
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pramod Kumar Singh, Tripathi
B.G.Bhai
Counsel for Respondent(s) : A.S.G.I., C.S.C.
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Sri Tripathi B.G.Bhai, learned counsel for the petitioner; Sri
Devesh Vikram, learned Additional Chief Standing Counsel for the State-
respondents and Sri Vivek Singh, learned counsel appearing for
respondent nos.4 and 6.
2. The instant writ petition has been preferred inter alia seeking following
reliefs :-
"I. Issue a writ, order, or direction in the nature of Certiorari
quashing the impugned Notification dated 09.03.2026 issued by
the respondent no.6 in so far as the same acquires the land of the
petitioner situate in village Rehra, Tappa Bhanpur, Tehsil
Dumariyaganj, District Siddharth Nagar;
II. Issue a writ, order, or direction in the nature of Certiorari
quashing the impugned Circle Rate List dated 29.8.2025, issued
by Respondent No.2 (The Collector, Siddharth Nagar) to the
limited extent that it arbitrarily excludes and fails to revise the
rate of the Petitioner's land situate in Village Rehra, Tappa
Bhanpur, Tehsil Dumariyaganj, District Siddharth Nagar;
III. Issue a writ, order, or direction in the nature of Mandamus
commanding Respondent No. 2 to refix and revise the circle rate
of the Petitioner's land Village Rehra, Tappa Bhanpur, Tehsil
WRIC No. 35832 of 2026
2
Dumariyaganj, District Siddharth Nagar at par with the
adjoining lands for the financial year 2025-26 prior to
determination of the compensation by the respondent no. 5 in
respect of the acquired land of the petitioner.
IV. Issue a writ, order, or direction in the nature of Mandamus
directing Respondent No. 5 to calculate and award the final land
acquisition compensation to the Petitioner based on the revised
rate to be revised by the respondent no. 2 in accordance with law
along with all corresponding statutory multipliers, solatium, and
interest benefits;"
3. At the very outset, learned counsel for the petitioner has placed reliance
upon the order dated 12.02.2026 passed by this Court in Rajendra Singh
v. Union of India and 4 others (Writ-C No. 44983 of 2025) and submits
that the instant case is squarely covered and similar indulgence may also
be accorded in favour of the petitioner.
4. So far as the factual and legal aspect of the matter, the same are not
disputed by learned counsel for the respondents.
5. In the facts and circumstances, no useful purpose would be served in
keeping the writ petition pending and with the consent of the parties, the
writ petition is disposed of in terms of Rajendra Singh (supra) and the
order dated 12.02.2026 is also modified with following directions :-
"(i) The Collector, Siddharth Nagar shall consider the
petitioner's objection regarding the circle rate of Village Rehra
Tappa Bhanpur, Tehsil Dumariyaganj, District Siddharth Nagar
within two weeks from today from the date of production of a
certified copy of this order.
(ii) The Collector shall decide the objection further within four
weeks and if the objection is found sustainable then suitable
exercise shall be carried out and the circle rate shall be
appropriately revised for the year 2025-26 taking into
consideration the enhancement made for other comparable
areas in the district, and ensuring that there is no discrimination
WRIC No. 35832 of 2026
3
or selective non-revision of rates.
(iii) The determination of compensation under Section 20F of
the Act, 1989 for the petitioner's land shall be made only after
the circle rate has been duly considered and revised in
accordance with direction (ii) above, in case there is no award
under Section 20F of the Act, 1989."
6. We further clarify that we have not made any such observation qua the
validity of the acquisition proceedings in general and our directions are
confined only to ensuring that the petitioner receives a fair and adequate
compensation in accordance with law.
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
September 16, 2026
GS
Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad
Checking your session…