Mushtaq Ahmad v. Baranwal
Case at a glance
Outcome
Disposed of
The petition stands disposed of accordingly
Provisions considered
Key paragraphs
- Para 33. The aforesaid land of the petitioner is subject to acquisition under the provisions of the Railways Act, 1989. A declaration under Section 20-E of the Act was issued on 11th September, 2024. The respondents invited objections from the affected persons. The petitioner's claim to…
- Para 66. The petition stands disposed of accordingly. (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) September 24, 2025 RKP RAKESH KUMAR PATEL High Court of Judicature at Allahabad
Judgment
Heard learned counsel for the petitioner, Shri Prem Narain Rai, learned counsel for respondent nos.1 to 3 and Shri Fuzail Ahmad Ansari, learned Standing Counsel for State respondent nos.4 and 5.
The instant petition has been filed praying for a writ of mandamus commanding respondent no.4 i.e., Land Acquisition Officer/Additional District Magistrate (Finance and Revenue), Sant Kabir Nagar to consider and decide the objections dated 03.02.2025 & 07.07.2025 moved by the petitioner before respondent no.4 in respect of acquisition of share of petitioner in Gata No.357 area 0.0142 hectare situated at Village Samda, Pargana Magahar Purab, Tehsil Mehdawal, District Sant Kabir Nagar.
The aforesaid land of the petitioner is subject to acquisition under the provisions of the Railways Act, 1989. A declaration under Section 20-E of the Act was issued on 11th September, 2024. The respondents invited objections from the affected persons. The petitioner's claim to have filed objections on 03.02.2025 and 07.07.2025 on the ground that the acquired land is commercial in character and compensation should be determined accordingly. The instant petition has been filed for a direction to decide the said objections.
Section 20-F(4) of the Railway Act, 1989 stipulates that it is incumbent upon the Competent Authority to give notice in two local newspapers inviting claim from all persons interested in the land. The interested person 2 WRIC No. 33613 of 2025 may file objections and, thereafter, the same is to be heard before the Competent Authority proceeds to determine compensation.
In case, the award has still not been passed, it goes without saying that the Competent Authority would examine the objections and consider the same while passing the award.
Operative part
The petition stands disposed of accordingly. (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) September 24, 2025 RKP RAKESH KUMAR PATEL High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition stands disposed of accordingly
Which statutory provisions did this judgment involve?
Railways Act, 1989.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.