Allahabad High Court
CHUNNU AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed, with liberty granted to the petitioners to file a fresh representation with the required attested order, after which the respondents must refer the matter to the District Level Committee for decision within twelve weeks.
Summary
The petitioners sought a mandamus directing the State respondents, particularly respondent No.2, to pay compensation for their land that became unusable after submergence caused by the Chaudhary Charan Singh Rasin Dam. They relied on a prior coordinate bench decision (Writ‑C No.25521 of 2022) which had ordered a District Level Committee to decide similar claims under Government Order dated 12‑05‑2016. The State respondents raised no objection to the relief sought. The Court, without addressing the merits, dismissed the writ petition but allowed the petitioners to file a fresh representation with a true attested copy of the relevant order within two weeks. It directed respondent No.2 to forward the representation to the Committee Chairman for a decision within twelve weeks, ensuring a hearing for the petitioners before any decision is taken.
Issues considered
- Whether the respondents, especially respondent No.2, should be directed to decide the petitioners' compensation claim under the Government Order dated 12‑05‑2016.
- Whether the petitioners are entitled to a mandamus directing payment of compensation for land submerged due to dam construction.
Subjects
- dam
- land submergence
- compensation
- mandamus
- government order
- district level committee
- fresh representation
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37608 of 2026
Chunnu 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 of 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 take a
decision on the application dated 20-01-2026 moved by the petitioners 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. 37608 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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