Vimala Devi Vs State of U.P. and 3 Others — Land Acquisition | Allahabad HC (2025)

Vimala Devi Vs State of U.P. and 3 Others — Land Acquisition | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with consent of parties; liberty to the petitioners to submit a fresh representation before the District Level Committee detailing all grievances; if submitted within two weeks, the Committee to decide it on its own merits and in accordance with law after affording opportunity of hearing to all stakeholders, expeditiously preferably within two months from submission, keeping in view the Government Order dated 12.05.2016.

Issue for consideration

Whether the respondent authorities may dispossess the petitioner from her Abadi land (Gata Nos. 310 and 311, Old Nos. 176 and 178, Village Kotiya, Tehsil Chail, District Kaushambi) and use it for the four-lane road project without the statutory procedure prescribed under the Act of 2013 and without lawful compensation. +2 more

Court's answer

This Court held that no useful purpose would be served in keeping the writ petition pending and, accordingly, with the consent of the parties, disposed of the writ petition with liberty to the petitioners to submit a fresh representation before the District Level Committee detailing all their grievances.

Ratio / Principle

In the event such a representation is submitted within two weeks from the date of the order, the District Level Committee shall consider and decide the same on its own merits and in accordance with law.

Key takeaways

The District Level Committee's decision is to be taken after affording an opportunity of hearing to all stakeholders.ratio¶12
The decision shall be taken expeditiously, preferably within a period of two months from the date of submission of the representation, keeping in view the Government Order dated 12.05.2016.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Division Bench) disposed of Writ-C No. 13945 of 2025 (Vimala Devi v. State of U.P. and 3 others) with the consent of the parties. Petitioner, a recorded Bhumidhar with transferable rights, sought a mandamus restraining dispossession from her Abadi land, Gata Nos. 310 and 311 (Old Nos. 176 and 178; 0.025 hectare / 250 sq.m.), Village Kotiya, Tehsil Chail, District Kaushambi, alleging it was being used for a four-lane road-widening project without notification or the statutory procedure under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, with partial compensation paid only for the residential structure and none for the land itself (Article 300-A grievance); she also sought decision of her representation dated 21.02.2025. The Court held no useful purpose would be served in keeping the petition pending and did not itself adjudicate the acquisition/compensation questions; it directed the petitioner to submit a fresh representation to the District Level Committee within two weeks, to be considered and decided on its own merits in accordance with law after hearing all stakeholders, expeditiously preferably within two months, keeping in view Government Order dated 12.05.2016 (the Committee route indicated by the Standing Counsel for determining compensation, if any). No precedent case was cited.

Neutral Citation No. - 2025:AHC:108900-DB

Court No. - 29

Case :- WRIT - C No. - 13945 of 2025

Petitioner :- Vimala Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Sagar Verma Counsel for Respondent :- C.S.C.

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.

Heard Shri Prem Sagar Verma, learned counsel for the petitioner, Shri Gopal Chandra Saxena, learned Standing Counsel for the State-respondents and perused the material brought on the record.

The present writ petition has been filed seeking the issuance of an appropriate writ, order, or direction in the nature of mandamus , directing the concerned respondent authorities not to dispossess the petitioner from her Abadi land Gata No.310 and 311 (Old No. 176 and 178) having area of 0.025 hectare, situated in Village Kotiya, Tehsil Chail, District Kaushambi. The petitioner has further prayed for a direction to respondent no.2 to consider and decide representation dated 21.02.2025, in accordance with law and within a stipulated time.

Learned counsel for the petitioner submits that the petitioner is the recorded Bhumidhar with transferable rights in respect of Gata Nos. 310 and 311, ad-measuring a total area of 250 square meters, which stands duly recorded in the revenue records. The said land has also been declared as Abadi land belonging to the petitioner. Learned counsel further submitted that for the purpose of widening the road, the respondent authorities have undertaken a project for

construction of a four-lane road, wherein the petitioner's land forms part of the proposed alignment. In pursuance of the said project, the respondents have made partial disbursement of compensation, limited only to the structure (residential house) existing upon the said land. However, no compensation whatsoever has been paid to the petitioner in respect of the land itself. It is contended that the respondents, without initiating or complying with the mandatory and statutory procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act of 2013'), and without issuance of any notification, have proceeded to encroach upon and utilize the petitioner's land for the construction of the four-lane road, thereby depriving the petitioner of his property without payment of lawful compensation and in violation of Article 300-A of the Constitution of India.

On the other hand, learned Standing Counsel submits that the matter may be referred to the Committee for determining compensation, if any, in terms of Government Order dated 12.05.2016.

Considering the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping the writ petition pending. Accordingly, with the consent of the parties, the writ petition is disposed of with liberty to the petitioners to submit a fresh representation before the District Level Committee, detailing all their grievances. In the event such a representation is submitted within two weeks from today, the District Level Committee shall consider and decide the same on its own merits and in accordance with law, after affording an

opportunity of hearing to all stakeholders. The decision shall be taken expeditiously, preferably within a period of two months from the date of submission of the representation, keeping in view the Government Order dated 12.05.2016.

Order Date :- 9.7.2025 A. Tripathi

Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad