Disposed

Ram Dulare Gupta v. State of Up and 2 Others

Allahabad HC13 Dec 2024WRIC/33907/2024

Case brief

AI extract

What is this about?

The petitioner sought compensation for his share of land utilized for a public purpose without court-ordered acquisition. The court disposed of the petition without expressing an opinion on merits and directed reference of his claim to the District Level Committee.

What did the court decide?

Liberty to make fresh representation before Respondent No. 2 within two weeks; Respondent No. 2 to transmit representation to the Committee for decision within twelve weeks.

Ram Dulare Gupta vs State of Up and 2 Others — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:195319-DB

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Court No. - 21

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Case :- WRIT - C No. - 33907 of 2024

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Petitioner :- Ram Dulare Gupta Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Viresh Kumar Gupta Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.

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1. The case of the petitioner is that his share of land along with that of his brother Nand Lal, had been utilized by the respondents for a public purpose, without any formal acquisition or payment of compensation. The respondents have paid compensation to his brother Nand Lal in pursuance of decision of the District Level Committee taken in terms of G.O. dated 12.5.2016. However, he has not been paid compensation and hence the instant petition for a direction to the respondents to pay compensation to him at par with his brother.

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Sri Rajiv Gupta, learned Additional Chief Standing Counsel, has placed on record the instructions received from the Executive Engineer, Construction Division, PWD, Sonbhadra, in which it is admitted that a sum of Rs. 1,05,800/- has been paid as compensation to the petitioner's brother Nand Lal in pursuance of decision of the District Level Committee. He has no objection in case the claim of the petitioner is also referred to the said Committee.

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This, in our opinion, would subserve the ends of justice.

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Accordingly, without expressing any opinion on merits, the writ petition is disposed of with liberty to the petitioner to make fresh representation along with true attested copy of the instant order before respondent no. 2 within two weeks from today. Respondent no. 2 will transmit the representation to the Chairperson of the Committee as envisaged under G.O. dated 12.5.2016 for being decided in accordance with law within twelve weeks, after due notice and opportunity of hearing to all concerned.

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(Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 13.12.2024 Jaideep/-

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Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad

Ram Dulare Gupta v. State of Up and 2 Others

Case brief

What is this about?

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Ram Dulare Gupta v. State of Up and 2 Others

Case brief

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