Allahabad High Court
RAGHUNATHversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The petition is disposed, directing the petitioner to make a fresh representation before the District Level Committee for determination of compensation.
Summary
The petitioner, Raghunath, sold a parcel of land to respondent No.3 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, intending to transfer only 0.0426 hectare. He alleges that an additional 0.0970 hectare was taken without his consent. The State Government, through a Government Order dated 12.05.2016, provides a mechanism for tenure‑holders to claim compensation before a District Level Committee. The court examined the petition and, noting the availability of this remedial process, directed the petitioner to file a fresh representation with the required documents before the Committee. The petition was disposed, with liberty to the petitioner to approach the Committee, which must decide the claim within a reasonable period, preferably twelve weeks.
Issues considered
- What remedy is available to the petitioner for the alleged excess acquisition of land under the RFCTLARR Act, 2013?
Legislation cited
Subjects
- land acquisition
- compensation
- RFCTLARR Act
- district level committee
- grievance redressal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37648 of 2026
Raghunath
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Imtyaz Ahmad, Kalp Dev Mishra
Counsel for Respondent(s) : C.S.C., Jai Bahadur Singh
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. When the petitioner's land was sold to the respondent No. 3 under the
provisions of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013, the petitioner
intended to transfer only 0.0426 hectare of land. However, it is the
petitioner's case that, over and above the said area, an additional area
measuring 0.0970 hectare has also been taken over.
2. 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 Act 2013. He submits that once the efficacious
remedy is available to the petitioner, 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.
3. 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
petitioner 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 consider the
claim of the petitioner and ensure that the proceeding shall be finalised
expeditiously, preferably within twelve weeks, thereafter.
WRIC No. 37648 of 2026
2
4. The order has been passed in presence of Shri S.C. Dwivedi, learned
counsel for respondent No. 3.
September 18, 2026
Mukesh Kr.
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
Digitally signed by :-
MUKESH KUMAR
High Court of Judicature at Allahabad
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