WRIC/39055/2026 of ASHOK KUMAR SINGH Vs UNION OF INDIA AND 3 OTHERS on 27 September 2026

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, Versus Counsel for Petitioner(s) : Manisha Singh, Sheo Ram Singh Counsel for Respondent(s) : A.S.G.I., C.S.C. Ashok Kumar Singh .....Petitioner(s) Union Of India And 3 Others .....Respondent(s)

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. September 28, 2026 Sumit S WRIC No. 39055 of 2026 2 (Kunal Ravi Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad