Neutral Citation No. - 2025:AHC:38829-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.49) Court No. - 21 Case :- WRIT - C No. - 39733 of 2024 Petitioner :- Smt Param Jyoti Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Jay Prakash Singh,Nandini Mishra,Navin Singh Counsel for Respondent :- C.S.C.,Mahendra Pratap Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. On oral prayer made by counsel for the petitioner, he is permitted to implead District Magistrate- Ghazipur and Sub- Divisional Magistrate, Tehsil- Saidpur, District- Ghazipur as respondents no.4 and 5 to the instant petition. 2. The petitioner alleges that the National Highways Authority of India, which had acquired an area measuring 0.070 hectare of plot no. 608 of Village Kunwarpur, Pargana and Tehsil Saidpur, District Ghazipur under the provisions of National Highways Act, 1956, had taken possession of some excess land of the petitioner without payment of any compensation and therefore, she is entitled for the same along with interest. She had made a representation on 07.05.2023 to the respondents but no avail and hence, the instant petition. 3. Learned Standing Counsel has placed on record the written instructions received from the Competent Authority according to which the petitioner is purchaser of the subject land after declaration of award under Section 3(G). Consequently, he is not entitled to claim any compensation. 4. Learned counsel for the petitioner rebutting the stand taken in this behalf by the Competent Authority submits that since the claim is for excess area taken over by the respondents under the garb of acquisition proceedings and therefore, it is immaterial as to when the petitioner purchased the property. 5. We find force in the submission of learned counsel for the petitioner. Since, the specific case of the petitioner is that the respondents while executing the project have taken possession of excess area, which was not covered by the acquisition notification and therefore, it is wholly immaterial when the petitioner purchased the property. 6. Sri Mahendra Pratap, learned counsel for NHAI submits that the Project Director vide letter dated 20.12.2024, addressed to SDM, Tehsil- Saidpur, District- Ghazipur, has requested him to get the site surveyed by joint team in the presence of the representatives of NHAI. He submits that in case in the survey it is established that any excess area has got affected, the Authority will take appropriate decision in relation to payment of compensation. 7. Having regard to the aforesaid stand of NHAI, we dispose of the instant petition by providing that the site be surveyed by a joint team of Revenue Officials in the presence of the representatives of NHAI and the petitioner within four weeks from the date of communication of the instant order to the Sub-Divisional Magistrate, Tehsil- Saidpur, District- Ghazipur. It is further provided that in case it is established in the survey that any excess area has got affected, the newly impleaded respondent no.4 (District Magistrate- Ghazipur) shall place the matter before the District Level Committee for quantification of the compensation amount and shall ensure payment of compensation accordingly within next twelve weeks. Order Date :- 18.3.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad