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2025 DAILYLAW 107924 (ALL)

SHIV DHANI GUPTA AND ANOTHER v. UNION OF INDIA AND 2 OTHERS

WRIC/43353/2024 · 2025-03-10

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35549-DB Court No. - 21 Case :- WRIT - C No. - 43353 of 2024 Petitioner :- Shiv Dhani Gupta And Another Respondent :- Union Of India And 2 Others Counsel for Petitioner :- R S Dubey,Savita Dubey Counsel for Respondent :- A.S.G.I.,C.S.C.,Paras Nath Rai Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Shri R.S. Dubey, learned counsel for the petitioners, Shri P.N. Rai, learned counsel for respondent no.1 and Shri Rajiv Gupta, learned Additional Chief Standing Counsel for respondent no.2. 2. The case of the petitioners is that they have not been paid compensation for their half share in the acquired land. According to them, the respondents have paid excess amount of compensation to their uncle Mangroo, although, the petitioners and their uncle should have been paid equal amount. The representation filed by the petitioners in this behalf dated 08.11.2024 before the competent authority is stated to be pending. The award dated 24.11.2016 mentions that the petitioners had filed objection on basis of their share but the same has been disposed of by observing that the same would be considered at the stage of disbursal of compensation. 3. The petitioners have not impleaded their uncle Mangroo against whom essentially the relief is being sought in the instant petition. Moreover, the claim of the petitioners has to be examined, in the first instance, by the Competent Authority, as per Sections 3H(3) and 3H(4) of the National Highways Act, 1956. 4. Consequently, we dispose of the instant petition with the observation that the petitioners may press their objection before the Competent Authority and the Competent Authority shall take decision expeditiously having regard to the provision of Sections 3H(3) and 3H(4) of the Act. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 11.3.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad