ANJALI GUPTA AND 2 OTHERS v. PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA AND 2 OTHERS
WRIC/2371/2025 · 2025-03-06
Jayant Banerji, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10531 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10531 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:33247-DB Court No. - 21 Case :- WRIT - C No. - 2371 of 2025 Petitioner :- Anjali Gupta And 2 Others Respondent :- Project Director, National Highway Authority Of India And 2 Others Counsel for Petitioner :- Buddha Prakash Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
1. The instant writ petition has been filed for a direction to the respondent authorities to pay compensation and other benefits to the petitioners for having taken possession of an area measuring 800 sq. mts. of Khasra No.774, Village-Manna Mazara, Tehsil-Kairana, District Shamli as per the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioners have also prayed for a direction to the respondent authorities not to compel them to execute the sale-deeds in their favour in respect of the said land. 2. The case of the petitioners is that they are bhumidhar of Khasra No.1042 sq. mts. in Village-Manna Mazara, Tehsil- Kairana, District Shamli. The respondents acquired 242 sq. mts. of the said plot for widening of a National Highway under the provisions of National Highways Act, 1956. Compensation for the said area has already been paid to the petitioners. However, while constructing the road, the respondents had taken possession of remaining area, i.e., 800 sq. mts. without any formal acquisition or payment of compensation to them. The petitioners are being compelled to execute sale-deeds in favour of the respondents to which they are not agreeable to as the compensation/sale consideration being offered to them is
inadequate. 3. The Competent Authority has placed on record the written instructions dated 3.3.2025 in which it is admitted that a draft notification under Section 3A of the National Highways Act for acquisition of the remaining area was prepared and sent for publication. Finally, to avoid delay in execution of the work, decision was taken to proceed according to the Ministry of Road Transport and National Highways' Letter dated 8.2.2017 in respect of unacquired land. The NHAI in pursuance thereof requested the affected tenure-holders to give their consent to sell the land in favour of NHAI and make available required documents. It is stated that after obtaining necessary documents, the Competent Authority would take steps for obtaining sale-deeds from the petitioners. 4.
Learned counsel for the petitioners submits that the petitioners are not ready to execute sale-deeds as the amount of compensation being offered to them is inadequate. He further submits that the compensation amount be directed to be quantified by the District Level Committee in terms of the Government Order dated 12.5.2016. 5. Shri Ram Chandra, holding brief of Shri Pranjal Mehrotra,
learned counsel for the respondent-NHAI and Shri Rajeev Gupta, learned Additional Chief Standing Counsel appearing for the State-respondents, have no objection in case the matter relating to quantification of compensation is referred to the District Level Committee.
6. Accordingly, the instant writ petition stands disposed of with a direction to respondent no.2 to forward the claim of the petitioners for compensation to the District Level Committee for being decided in terms of the Government Order dated
12.5.2016 within two weeks from the date of filing of a fresh representation by the petitioners alongwith true attested copy of the instant order. The District Level Committee will decide the claim of the petitioners within next twelve weeks after due notice and opportunity of hearing to the petitioners. The amount as may be determined by the District Level Committee shall be paid to the petitioners within four weeks from the date of order, without prejudice to their right to seek appropriate remedy against the same if aggrieved by the quantification.
Order Date :- 7.3.2025 SK (Jayant Banerji, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad