Allahabad High Court
ASHOK KUMAR SINGHversusUNION OF INDIA AND 3 OTHERS
- Decided
Holding
The petition must be disposed of and the petitioner directed to seek compensation through the District Level Committee as per the 2016 Government Order, not by mandamus.
Summary
The petitioner, Ashok Kumar Singh, filed a writ petition seeking a mandamus directing the railway authorities to pay compensation for land on which a railway track was constructed without formal acquisition. The State Government had issued a Government Order dated 12‑05‑2016 establishing a District Level Committee to adjudicate compensation claims under the 2013 land acquisition Act. The court noted that under Articles 300A and 31A of the Constitution, land can be taken only with compensation, but the existence of the statutory remedy precludes the court’s intervention. Accordingly, the court disposed of the petition, directing the petitioner to file a fresh representation before the Committee within two weeks, with the Committee to decide the claim within twelve weeks. No mandamus was issued; the matter was remitted to the administrative mechanism.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus directing payment of compensation for land taken without acquisition.
- Whether the petitioner must pursue the compensation claim before the District Level Committee constituted under the 2016 Government Order.
- Whether the court can entertain the writ when an alternative statutory remedy is available.
Legislation cited
Subjects
- land acquisition
- compensation
- eminent domain
- mandamus
- writ petition
- District Level Committee
- Right to Fair Compensation and Transparency in Land Acquisition Act 2013
- Article 300A
- Article 31A
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39055 of 2026
Ashok Kumar Singh
.....Petitioner(s)
Versus
Union Of India And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manisha Singh, Sheo Ram Singh
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. Learned counsel for the petitioner, learned Standing Counsel for State-
respondents and Sri Shesh Mani Mishra, learned counsel, who has filed his
parcha on behalf of respondent nos. 1 to 3 today, are present.
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 Respondent Railway Authorities to pay the
compensation to the petitioner of the land bearing Revenue Plot
No.269Kha area 0.930 Hectare of Village Ganj Khwaja, Pargana
Dhoose, Tehsil Mughalsarai, District Chandauli over which the
railway track has been constructed without acquiring the same,
in accordance with current law of compensation as per market
value alongwith other emoluments payable therein within the
period so stipulated by this Hon'ble Court."
3. At the very outset, learned Standing Counsel informed to 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,
WRIC No. 39055 of 2026
2
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.
4. 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.
5. 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 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 finalized expeditiously, preferably
within twelve weeks, thereafter.
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
September 28, 2026
Sumit S
Digitally signed by :-
SUMIT SRIVASTAVA
High Court of Judicature at Allahabad
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