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2025 DAILYLAW 112769 (ALL)

SMT. KANTA DEVI AND ANOTHER v. NATIONAL HIGHWAYA AUTHORITY OF INDIA AND ANOTHER

WRIC/43277/2024 · 2025-03-16

Manoj Kumar Gupta, S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37598-DB Court No. - 21 Case :- WRIT - C No. - 43277 of 2024 Petitioner :- Smt. Kanta Devi And Another Respondent :- National Highwaya Authority Of India And Another Counsel for Petitioner :- Abhijeet Singh Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Manoj Kumar Gupta,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondent and Shri Pranjal Mehrotra, learned counsel for respondent no.2. 2. The prayer made in the instant petition is for a direction commanding respondent no.2 to determine and pay compensation of 453 Square Meters of Khasra No.960, Village Tatiri, Baghpat to the petitioners along with interest. 3. The case of the petitioners is that they have purchased the subject land from Bhagwana, son of Late Ramjilal on 13.01.1984. Subsequently, on 21.10.2020 a notification under Section 3-A of National Highways Act, 1956 was issued for acquisition. The petitioners filed their objection to notification dated 10.03.2021 under Section 3D on the ground that their names should have been included in the said notification and not that on their co-sharer alone. Subsequently, award was declared on 12.11.2021. However, the compensation amount is not being released in favour of the petitioners. 4. Learned Standing Counsel has placed on record the written instructions received from the competent authority, according to which the subject land has vested in the State Government in view of violation of Section 168-A of U.P.Z.A. and L.R. Act, 1950. The claim of the petitioners for compensation has been referred to the District Judge on 18.01.2025. A copy of the reference dated 18.01.2025 has been enclosed along with the written instructions. 5. Learned counsel for the the petitioners tired to contend that stand taken by the State-respondents regarding violation of Section 168-A of U.P.Z.A. and L.R. Act, 1950 is not sustainable in law. 6. In our opinion, the petitioners, if they feel aggrieved by the reference order, may challenge the same in appropriate proceedings and in which event the plea sought to be raised could be examined. 7. Accordingly, we dispose of the instant petition with liberty to the petitioners to challenge the reference order dated 18.01.2025, if so advised, in appropriate proceedings. Order Date :- 17.3.2025 Atul (Syed Qamar Hasan Rizvi, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad