Neutral Citation No. - 2025:AHC:34727-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 42) Court No. - 21 Case :- WRIT - C No. - 2941 of 2025 Petitioner :- Rajpati Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Shiv Kant Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Rajesh Kumar Jaiswal Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition is for a direction to the respondents not to construct road over Khasra no. 88 area 0.0630 hectare, revenue Village-Malepur, Tehsil & District- Bhadohi without payment of compensation. 2. The case of the petitioner is that the respondent has acquired some part of the said plot under the provisions of National Highways Act, 1956; however, while executing the project they have utilized additional area measuring 0.063 hectare for which the petitioner is entitled to compensation. 3. Respondent no. 4 has filed a counter affidavit in which it is admitted that in a spot inspection got done by revenue authorities it transpired that an area measuring 0.063 hectares of plot no. 88 has been utilized in construction of National Highway No. 731 B. A proposal for its acquisition has been sent to the Government. Notifications for acquisition would be issued shortly and thereafter, compensation amount would be quantified and paid to the petitioner. 4. Learned counsel for the petitioner submits that since the respondents had already utilized the land therefore, at this stage there is no justification for permitting the respondents to issue any fresh notification for acquisition. The quantification of the compensation amount may be directed to be done by the District Level Committee in terms of the Government Order dated 12.5.2016. 5. Learned Standing Counsel appearing for the State respondents has no objection to the same. 6. Having regard to the admitted fact that land of the petitioner has been utilized without any formal acquisition, we dispose of the instant petition with liberty to the petitioner to approach the respondent no. 2-District Magistrate/Collector Bhadohi with a fresh representation along with evidence in support of his claim for compensation. The respondent no. 2 will transmit the representation to District Level Committee for quantification of compensation amount. 7. The District Level Committee will quantify the compensation amount within twelve weeks after due notice and opportunity of hearing to the petitioner. The compensation as may be determined by the District Level Committee shall be paid to the petitioner within next four weeks. 8. The petition stands disposed of accordingly. Order Date :- 10.3.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad