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Neutral Citation No. - 2025:AHC:12403-DB Court No. - 21 Case :- WRIT - C No. - 40766 of 2024 Petitioner :- Smt. Param Jyoti Respondent :- State Of U.P. 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. The petitioner alleges that the National Highways Authority of India, which had acquired an area measuring 0.0220 hectare of plot no. 730 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.
2. Learned Standing Counsel has placed on record the written instructions received from Additional District Magistrate (Finance & Revenue), Ghazipur in which it is admitted that additional area measuring 0.030 hectare got affected as a result of implementation of the scheme. The petitioner, on the other hand, alleges that 0.0520 hectare got affected.
3. Sri Rajiv Gupta, learned Additional Chief Standing Counsel, appearing for the State respondents and Sri Mahendra Pratap, appearing for NHAI, very fairly state that the matter could be referred to District Level Committee envisaged under Government
Order dated 12 May, 2016 to resolve the said dispute.
4. Accordingly, without expressing any opinion on merits, the petition stands disposed of with liberty to the petitioner to make fresh representation along with supporting evidence and true copy of the instant order before respondent no. 2 and in which event, the same shall be decided by a speaking order, after due opportunity of hearing to the petitioner, within 12 weeks. The Committee before taking any decision shall get the site surveyed to verify the claim of the petitioner regarding extent of excess area covered by the respondents while executing the scheme. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)
Order Date :- 24.1.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad