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2025 DAILYLAW 103416 (ALL)

SHEW PRASAD JAISWAL v. UNION OF INDIA AND 3 OTHERS

WRIC/35011/2025 · 2025-10-06

Kunal Ravi Singh, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35011 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Shri S.K. Pandey, learned counsel for the petitioner; Shri Ambrish Shukla, learned Addl. Chief Standing Counsel for State respondents; Shri Akash Jain holding brief of Shri Sanjay Kumar Om, learned counsel for respondent no.1 and Shri Pranjal Mehrotra, learned counsel for National Highway Authority of India (in short "NHAI"). 2. The instant writ petition has been preferred for a direction to respondent to pay rest of compensation as per 1/4th share of petitioner having area 0.1830 hect. situated over Plot No.450 total area 0.7320 hect. in Village Uptapar, Pargana Atrauliya, Tehsil Budhanpur, Distt. Azamgarh acquired by respondent no.2 for construction of National Highway No.233 and for a further direction to respondent no.3 to decide the application of the petitioner dated 01.05.2025 within stipulated period. 3. The petitioner claims to be co-tenure holders of Plot No.450 and seeking compensation as per his share. It is contended that in the instant matter even award has been made but the respondents have ensured only an amount of Rs.47 lacs out of Rs.66 lacs, which has been quantified as per the petitioner's share. Reliance in this regard has been placed upon Form 11 issued for the purpose of plot in question. 4. Learned counsel for the petitioner has confined his prayer for a direction to respondents to ensure compensation commensurate to his holding. Versus Counsel for Petitioner(s) : Saurabh Kumar Pandey Counsel for Respondent(s) : A.S.G.I., C.S.C., Mahendra Pratap, Sanjay Kumar Om Shew Prasad Jaiswal .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) 5. Learned counsel for NHAI submits that in the instant matter compensation fixed by the Collector has been deposited with the Special Land Acquisition Officer (SLAO) and as such the relief, as has been prayed for, can be pressed before the SLAO/ Competent Authority. 6. Learned Addl. Chief Standing Counsel has also submitted that the factual aspect of the matter can be examined by SLAO, in case the matter is relegated before him. 7. Considering the factual situation and the relief, as has been prayed for, no useful purpose will be served in keeping the writ petition pending consideration. Without expressing any opinion on merits of the issue and with the consent of parties, the instant writ petition stands disposed of with observation that in case the petitioner files exhaustive representation ventilating his grievances before the SLAO qua his claim over the acquired property within two weeks, definitely the same would be considered and decided in accordance with law in further six weeks. October 7, 2025 SP/ WRIC No. 35011 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad