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Allahabad High Court

SAVITRI AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court held that the petitioners must file a fresh representation with a true attested copy of the order, and respondent No.2 must refer the matter to the Committee under GO 12‑05‑2016 for a decision within twelve weeks.

Summary

The petitioners claimed that their agricultural land was rendered unusable after being submerged by the Chaudhary Charan Singh Rasin Dam and sought a mandamus directing the State to pay compensation and decide their application dated 20‑02‑2026 within a stipulated period. They relied on a prior coordinate bench decision (Writ‑C No.25521 of 2022) which had directed a District Level Committee to adjudicate similar claims under Government Order dated 12‑05‑2016. The State respondents raised no objection to the relief sought. The Court, without expressing any view on the merits, disposed of the writ petition, granting the petitioners liberty to file a fresh representation accompanied by a true attested copy of the order before respondent No.2 within two weeks. The Court further directed that respondent No.2 forward the representation to the Chairman of the Committee envisaged under the said Government Order for a decision within twelve weeks, after affording the petitioners a hearing.

Issues considered

  • What specific relief, if any, should be granted to the petitioners regarding compensation for land submerged by the dam?
  • Whether the respondents, particularly respondent No.2, should be directed to decide the petitioners' compensation application within a stipulated time under the Government Order dated 12‑05‑2016.

Subjects

  • compensation
  • dam submergence
  • mandamus
  • writ petition
  • land acquisition
  • government order
  • district level committee

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                           WRIT - C No. - 37593 of 2026

Savitri And 2 Others
                                                                   .....Petitioner(s)
                                        Versus

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

Counsel for Petitioner(s)            : Ajay Kumar Pandey, Jaideep Tripathi
Counsel for Respondent(s)            : C.S.C.

Court No. - 29
                   HON'BLE SIDDHARTHA VARMA, J.
                   HON'BLE KUNAL RAVI SINGH, J.




1. Heard learned counsel for the petitioners and learned Standing Counsel
appearing for the State-respondents.

2. The instant writ petition has been preferred praying inter alia for the
following relief:

     "I- Issue a writ, order or direction in the nature of mandamus
     commanding the respondents (specially the respondent no. 2) to ensure
     the payment compensation to the petitioners in respect to the land in
     question, which has became useless for the cultivatory proposes of the
     petitioners because of its submerged due to construction of Dam, namely
     Chaudhary Charan Singh Rasin Dam, Chitrakoot within stipulated period
     of time.

     II-Issue a writ, order or direction in the nature of mandamus
     commanding the respondents (specially the respondent no. 2) to decide
     the petitioners' application dated 20-02-2026 for grant of compensation
     within a stipulated period of time.

     III- Issue any other writ, order or direction which this Hon'ble Court may
     deem fit and proper, under the facts and circumstances of the case.

     IV- Award cost of the writ petition to the petitioners."
                                                                                          WRIC No. 37593 of 2026
                                                                   2


                                    3. Learned counsel for the petitioners submits that in identical facts and
                                    circumstances a Coordinate Bench in Writ-C No.25521 of 2022 directed
                                    District Level Committee to decide the claim of the petitioners in terms of
                                    Government Order dated 12.05.2016. He submits that similar direction be
                                    issued in the instant case also.

                                    4. Learned Standing Counsel appearing for the State-respondents has no
                                    objection to the same.

                                    5. Accordingly, without expressing any opinion on merits, the instant
                                    petition is disposed of with liberty to the petitioners to move a fresh
                                    representation alongwith true attested copy of the instant order before
                                    respondent no.2 within two weeks from today and in which event,
                                    respondent no.2 shall place the representation before the Chairman of the
                                    Committee envisaged under Government Order dated 12.05.2016 for
                                    being decided within next twelve weeks, in accordance with law. Before
                                    taking any decision, the petitioners shall be afforded opportunity of
                                    hearing.




                                                              (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 18, 2026
                                    NLY




Digitally signed by :-
NAND LAL YADAV
High Court of Judicature at Allahabad


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