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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34126 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard learned counsel for the petitioner, Sri Akhileshwar Singh, learned Additional Chief Standing Counsel for the State-respondent and Sri Pranjal Mehrotra, learned counsel for N.H,A.I.
2. The instant writ petition is preferred for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to reassess the compensation and include the value of the tin shed (warehouse) situated on Khasra No. 465, Village Baseda, Tehsil Deoband, District Saharanpur and to pay just and fair compensation to the petitioner for the said structure, in accordance with the provisions of the Right to Fair Compensation and Transpearencey in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the National Highways Act, 1956. (ii) Issue a writ, order, or direction in the nature of Mandamus, commanding and directing the Respondents to decide the representations/applications submitted by the Petitioner within a time frame stipulated by this Hon'ble Court, in pursuance of the Petitioner's grievance regarding reassessment of compensation and inclusion of the value of the tin shed (warehouse) situated on Khasra No. 465, Village Baseda, Tehsil Deoband, District Versus Counsel for Petitioner(s) : Kaushlendra Singh, Sarvesh Kumar Pandey Counsel for Respondent(s) : A.S.G.I., C.S.C., Pranjal Mehrotra Anil Kumar .....Petitioner(s) Union Of India And 3 Others .....Respondent(s)
Saharanpur, and to pay just and fair compensation for the same in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and the National Highways Act, 1956. 3. Learned counsel for the petitioner has placed reliance upon the Communication dated 30.12.2023, which was sent by the prescribed authority/Special Land Acquisition Officer (SLAO), Saharanpur to the Sub-Divisional Magistrate, Deoband, wherein it has been categorically asserted that the construction of the tin shed over khasra no. 465 forms an integral part of the commercial unit (brick kiln) and therefore, qualifies for compensation. In his backdrop learned counsel for the petitioner submits that even though the petitioner has been paid compensation qua the land but per se the super structure no compensation has been paid. Lateron a report has also been submitted on 30.03.2024, which is also appended to Annexure no. 5 of the writ petition. 4.
Considering the factual situation, the writ petition stands disposed of with the observation that in case the petitioner approaches the SLAO for ventilating his grievances, the same may be considered by him, but certainly after taking necessary comments from the Project Director, N.H.A.I. who may himself forward a report to the SLAO, who shall take the decision in the matter in accordance with law. September 25, 2025 Ashish Pd. WRIC No. 34126 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad