Allahabad High Court
Mahendra Pal Sharma @ Mahendra Prasad ... vs Dedicated Freight Corridor ... on 7 November, 2025
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:196617-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36175 of 2025
Mahendra Pal Sharma @ Mahendra Prasad Sharma And 3 Others
.....Petitioner(s)
Versus
Dedicated Freight Corridor Corporation Of India And Another
.....Respondent(s)
Counsel for Petitioner(s)
:
Aditya Sharma, Rajneesh Sharma, Virendra Singh
Counsel for Respondent(s)
:
Usha Kiran
Court No. - 29
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J. 1. Heard learned counsel for the petitioners; Mis. Uttara Bahuguna, learned Addl. Chief Standing Counsel for State respondent and Shri Pranjal Mehrotra, learned counsel for respondent no.1.
2. The instant writ petition has been preferred for following relief:-
"(A) Issue a writ, order or direction in the nature of mandamus commanding the respondents to make payment at appropriate compensation of the land taken away by them for Dedicated Freight Corridor Corporation of India at Gata No.1246 area about 0.0544 hectare situated at Village-Kyoli Kala, Pargana and Tehsil-Khurja, District Bulandshahar along with 18 % interest with solatium on the amount of compensation due till the date of actual payment as per Indian Railway Act, 1989 amended 2008 or vacate the possession of above mentioned land."
"(B) Issue writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the representation dated 15.07.2024 moved by the petitioner within time bound period as directed by this Hon'ble Court. (Annexure No.06 to this writ petition)."
3. At the very outset, learned Addl. Chief 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 the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short the 'Act 2013'). She submits that once the efficacious remedy is available to the petitioners, the matter should be relegated to the District Level Committee, which may examine the claim of petitioners within a reasonable time and submit its report to the Chairman/District Magistrate, who may accord adequate compensation accordingly.
4. 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 petitioners to make fresh representation along with certified copy of the instant order before District Level 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 petitioners and ensure that the proceeding shall be finalised expeditiously, preferably within twelve weeks, thereafter but certainly after giving opportunity to all the stake holders in the matter.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) November 7, 2025 SP/