Allahabad High Court
SMT. TAMIJUNNISHA AND 4 OTHERSversusTHE STATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court held that the petitioners must pursue the statutory remedy before the District Level Committee under the 2016 Government Order, and therefore disposed of the writ petition with liberty to make fresh representation.
Summary
The petitioners filed a writ petition seeking mandamus to compel the State authorities to consider their pending land acquisition grievance applications, conduct fresh joint measurement of their land, reassess and pay fair compensation, and restrain demolition of their residence. The State argued that a Government Order dated 12 May 2016 provides a statutory mechanism for such claims under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and that the matter should be referred to the District Level Committee. The Court noted the constitutional requirement of compensation under Articles 300A and 31A and held that the petitioners must use the existing statutory remedy. Accordingly, the Court disposed of the petition, directing the petitioners to file a fresh representation with the District Level Committee within two weeks and mandating the Committee to decide the claim within twelve weeks. The order effectively stayed any demolition pending the statutory process.
Issues considered
- Whether the petitioners are entitled to a writ of mandamus directing the authorities to consider their pending land acquisition grievance applications under the 2013 Act.
- Whether the Court can order fresh joint measurement and reassessment of compensation before any demolition of the petitioners' residence.
- Whether the petitioners can be restrained from eviction or demolition pending due process under the statutory scheme.
Legislation cited
Subjects
- land acquisition
- compensation
- mandamus
- writ petition
- eviction
- joint measurement
- Article 300A
- Article 31A
- District Level Committee
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36249 of 2026
Smt. Tamijunnisha And 4 Others
.....Petitioner(s)
Versus
The State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shyam Sunder Pandey, Vijay Kumar
Tiwari
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 learned counsel for the petitioners, learned Additional Chief
Standing Counsel for the State respondents and learned Assistant Solicitor
General of India for the respondent - Union of India.
2. The instant writ petition has been filed inter alia for the following
relief:
"I-Issue a writ, order, or direction in the nature of mandamus
commanding and directing the Respondent authorities (specifically
Respondent Nos. 2, 3 and 4) to consider and decide the pending statutory
representation and grievance applications of the petitioners (including
Jansunwai Reference No. 40018626002818 dated 24.02.2026 and
subsequent representation dated 25.02.2026 and 09.05.2025 by passing a
reasoned and speaking order within a stipulated timeframe.
II- Issue a writ, order, or direction in the nature of mandamus
commanding the Respondents to conduct a fresh, accurate joint
measurement and demarcation of Gata No. 314, Village Samda, Tehsil
Mehdawal, District Sant Kabir Nagar, in the presence of the petitioners
and prior to initiating any demolition activity or forceful dispossession.
III- Issue a writ, order, or direction in the nature of mandamus
commanding the respondents to re-asses and disburse appropriate, fair,
WRIC No. 36249 of 2026
2
and enhanced compensation at market/roadside rates for the actual land
area utilized, along with full statutory compensation for the residential
house and toilet structures belonging to the petitioners.
IV- Issue a writ, order, or direction in the nature of mandamus
restraining the respondents, their agents, and subordinates from
forcefully dispossessing, evicting, or demolishing the residential structure
of the petitioners without proper joint measurement, lawful assessment,
and timely payment of due compensation."
4. At the very outset, learned Additional Chief Standing Counsel
informed the Court that for redressal of grievance of 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 the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 (in short the 'Act 2013'). He submits that once the efficacious
remedy is available to the petitioners, the matter should be relegated to
the District Level Committee, which may examine the claim of petitioner
within a reasonable time and submit its report to the Chairman/District
Magistrate, who may accord adequate compensation accordingly.
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 petitioners 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
WRIC No. 36249 of 2026
3
consider the claim of the petitioners and ensure that the proceeding shall
be finalised expeditiously, preferably within twelve weeks, thereafter.
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
September 17, 2026
NLY
Digitally signed by :-
NAND LAL YADAV
High Court of Judicature at Allahabad
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