Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:42630-DB Court No. - 21 Case :- WRIT - C No. - 42667 of 2024 Petitioner :- Uttam Kumar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Vidya Kant Tripathi Counsel for Respondent :- A.S.G.I.,Akanksha Gaur,C.S.C.,Paras Nath Rai Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The prayer made in the instant petition filed under Article 226 of the Constitution is for issuance of a writ of mandamus commanding the respondents to release compensation in respect of Arazi nos.144 and 186 situated in Village- Shemara, Tehsil- Lalganj, District- Mirzapur alongwith interest in favour of the petitioner.
2. Learned counsel for the petitioner admits that the petitioner has already been paid compensation for Arazi no.144 and the dispute remains confined to compensation amount in respect of Arazi no.186.
3. Learned counsel for NHAI and learned State counsel have placed on record the instructions received from the Authorities and according to which, there is dispute between the purchasers of different parts of Plot no.186 and persons, who were in possession of the said land since before.
4. The petitioner himself filed an application on 01.10.2018 stating that he had filed Suit No.591 of 2018 against Sangamlal Yadav and others and, consequently, compensation amount was not released.
5. Learned counsel for the petitioner has placed on record ex parte judgement dated 21.09.2021 passed by the trial court in Original Suit No.591 of 2017 decreeing the suit of the petitioner against Sangam Lal Yadav and Abhaywati Devi. He submits that as the suit stands decided and, therefore, compensation for Plot no.186 should also be paid to the petitioner.
6. Before compensation is paid, it is to be ascertained whether the decree has attained finality or not and also whether there is any
other rival claim.
7. In such circumstances, we dispose of the instant petition with liberty to the petitioner to make fresh representation before Special Land Acquisition Officer alongwith true attested copy of the instant order and in which event, he will decide the representation after due notice and opportunity of hearing to the petitioner and any other rival claimant within twelve weeks.
8. The order has been passed in the presence of Shri P.N. Rai,
learned counsel for respondent no.1. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)
Order Date :- 24.3.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad