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2025 DAILYLAW 111012 (ALL)

MANOJ KUMAR v. UNION OF INDIA AND 3 OTHERS

WRIC/42264/2024 · 2025-02-07

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17789-DB Court No. - 21 Case :- WRIT - C No. - 42264 of 2024 Petitioner :- Manoj Kumar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Arvind Srivastava Iii,Pratik Kumar Counsel for Respondent :- Pranjal Mehrotra,A.S.G.I.,Akanksha Gaur,C.S.C.,Rajesh Kumar Jaiswal Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed praying for a writ of mandamus directing respondent nos. 3 and 4 i.e Special Land Acquisition Officer, Kanpur Dehat and National Highways Authority of India to demarcate plot no. 196M Village Khojafool, Tehsil Sikandra, District Kanpur Dehat and to pay compensation for excess area allegedly utilised by them while executing the project relating to widening of Etawah Chakeri Section of NH 19. 2. The case of the petitioner is that he is having 1/4 share in plot no. 196M, total area 0.4640 hectare. The respondents acquired 2800 sq. mtr. from the said plot under the provisions of National Highways Act, 1956. An award was declared on 17.10.2016. The case of the petitioner is that while executing the project the National Highways Authority of India has utilised some extra land. In paragraph-15, it is alleged that in all 3000 sq. mtr. of land of the said plot has been utilised. 3. Learned counsel for NHAI has placed on record the written instructions, according to which, acquisition was done for six laning of Etawah Chakeri Section of NH19 vide notifications under Sections 3A and 3D dated 16.02.2015 and 15.02.2016 respectively. 4. Having regard to the prayer made in the petition, we are of the opinion that at this stage interest of justice would be subserved in leaving it open to the petitioner to apply for demarcation of his land and in case, in the said exercise it transpires that there is any shortage of land or that excess area has been utilised by NHAI, the petitioner shall be at liberty to make claim for the same in appropriate proceedings. 5. The petition stands disposed of accordingly. 6. The order has been passed in presence of Sri R.K. Jaiswal, learned counsel for respondent no. 1. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.2.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad