Neutral Citation No. - 2025:AHC:33674-DB Court No. - 21 Case :- WRIT - C No. - 40473 of 2024 Petitioner :- Abhilash Chandra Pandey Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Om Narayan Dwivedi,Shashank Dwivedi Counsel for Respondent :- A.S.G.I.,C.S.C.,Paras Nath Rai Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J. 1. The prayer made in the instant petition is for a direction to respondent nos.2 and 3 to consider the claim of the petitioner for payment of compensation for area measuring 234.11 square meters of plot no.114 by constituting a Joint Committee. 2. The petitioner claims that he has inherited the land of plot no.114m area 234.11 square meters from his father Brijendra Sagar Pandey. According to the petitioner, same was purchased by him by means of a sale deed dated 18.12.1986. His further case is that his brother had purchased another small plot of land in the year 03.07.2009. The petitioner claims that the entire area of land which was subject matter of sale deed dated 18.12.1986 was bequeathed by his father in favour of the petitioner whereas small piece of land which was purchased by his brother by sale deed dated 03.07.2009 belonged to his brother. Thus, according to the petitioner, he was entitled to compensation for entire area 234.11 square meters of land of plot no.114 on basis of the will executed by his father in his favour. 3. In compliance of a previous order, respondent no.4 has filed an affidavit and wherein it is stated that in the khatauni, petitioner is not recorded over plot no.114 but on basis of certain Tehsil reports his name came to be mentioned in certain records. It is stated that although his name was not recorded in the khatauni but on basis of certain report, he was paid compensation for area measuring 118.62 square meters. 4. Learned counsel for the petitioner admits that the name of the petitioner is still not entered in the revenue record. He submits that his mutation application is pending. He also admits that the respondents have paid compensation for remaining area to his brother. The petitioner has not impleaded his brother as a party to the instant proceedings. 5. The dispute which is sought to be raised is essentially in respect of the apportionment of compensation between him and his brother. We are of the opinion that the petitioner has got remedy of getting the said controversy decided under Section 3-H(4) of the Act. 6. Accordingly, we dispose of the instant petition with liberty to the petitioner to approach the competent authority under Section 3- H(4) of the National Highways Act, 1956, if so advised. In the event, any such application is filed, the competent authority shall deal with it, in accordance with law. Order Date :- 7.3.2025 Mini (Jayant Banerji,J.) (Manoj Kumar Gupta, J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad