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Allahabad High Court

AJAY KUMAR PANDEY AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petitioners must establish title, after which the Special Land Acquisition Officer will decide the compensation claim within two months, and the writ petition is disposed.

Summary

The petitioners, Ajay Kumar Pandey and another, filed a writ petition seeking a mandamus directing the State of U.P. and the Special Land Acquisition Officer to determine, award and pay full compensation for land acquired in 1981 for a dam project, along with interest and solatium. They alleged that despite an award being made on 17‑01‑1983, the compensation has not been paid to them. The respondents contended that the petitioners have no title over the land in question. The Court held that the petitioners must first establish their title, after which the Special Land Acquisition Officer is required to decide the representation within two months, providing a hearing to the petitioners. Consequently, the Court disposed of the writ petition without granting the relief sought.

Issues considered

  • Whether the Special Land Acquisition Officer is obligated to determine and award compensation to the petitioners for the acquired land.
  • Whether the Court can issue a mandamus directing payment of compensation, interest, and solatium in the absence of a proven title.

Subjects

  • land acquisition
  • compensation
  • mandamus
  • title
  • interest
  • solatium
  • special land acquisition officer
  • hearing

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - C No. - 399 of 2026

Ajay Kumar Pandey And Another
                                                            .....Petitioner(s)
                                   Versus

State Of U.P. And 2 Others
                                                          .....Respondent(s)

Counsel for Petitioner(s)       : Santosh     Kumar     Pandey,     Saurabh
                                  Tripathi
Counsel for Respondent(s)       : C.S.C.

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

1. This writ petition has been filed with the following prayers.

      "(I) Issue a writ, order or direction in the nature of Mandamus
      commanding the respondent no.2 to forthwith determine, award
      and pay to the petitioners the full amount of compensation in
      respect of the land comprised in old Gata Nos. 164, 165 and 171,
      Village Seermajhari, Tappa Hallaur, Pargana Rasoolpur, Tehsil
      Dumariyaganj, District Siddharth Nagar, which has been included
      in Gata No. 497 and acquired/used for construction of the dam,
      along with all statutory benefits, interest and solatium as
      admissible in law.

      II) Issue a writ, order or direction in the nature of Mandamus
      direct the respondents to consider and decide the petitioners'
      claim/representation for compensation by passing a reasoned and
      speaking order within a time frame to be fixed by this Hon'ble
      Court and this Hon'ble Court also award interest on the
      compensation amount from the date of taking possession i.e.
      30.08.1980 till the actual date of payment at such rate as this
      Hon'ble Court may deem fit and proper in the facts and
      circumstances of the case."

2. This writ petition has been filed against the acquisition which had taken
place in the year 1981 and the award which was given on 17.1.1983.

3. Learned Counsel for the petitioner states that the amount, which was to
be paid to the tenure holder, has not been paid till date.

4. Learned Standing Counsel Sri Ambrish Shukla states that the petitioner
has no title over the land in question.

5. Be that as it may, we are of the view that if the petitioner represents to
                                                                                               WRIC No. 399 of 2026
                                                                    2


                                    the Special Land Acquisition Officer, Siddharth Nagar, District Siddharth
                                    Nagar, for claiming compensation, the Special Land Acquisition Officer
                                    after looking to the title of the petitioner, will decide the representation of
                                    the petitioner within 2 months after giving opportunity of hearing to the
                                    petitioner. While the representation is being decided, the petitioner will
                                    have to definitely establish his title over the land which is acquired.

                                    6. With these observations, the writ petition is disposed of.



                                                               (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 29, 2026
                                    Irshad




Digitally signed by :-
IRSHAD AHMAD SIDDIQUI
High Court of Judicature at Allahabad


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