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2025 DAILYLAW 113633 (ALL)

JOKHU v. STATE OF U.P. AND 2 OTHERS

WRIC/43564/2024 · 2025-04-10

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53702-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.23) Court No. - 21 Case :- WRIT - C No. - 43564 of 2024 Petitioner :- Jokhu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jay Prakash Singh,Nandini Mishra,Navin Singh Counsel for Respondent :- Ashok Kumar Pandey,C.S.C.,Mahendra Pratap Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition is for a direction to respondents no.2 and 3 to pay compensation to the petitioner for land bearing Gata No. 14 Rakba 0.0560 hectare situated at Village- Arsadpur, Pargana- Pachotar, Tehsil- Ghazipur, District- Ghazipur and to take appropriate decision on his representation dated 15.02.2024. 2. The case of the petitioner is that NHAI has illegally included the aforesaid land of the petitioner while constructing a public road, although, the same was not part of the acquisition notifications. 3. The Competent Authority has placed on record the written instructions in which it is admitted that as per revenue record, the subject land is Bhumidhari land recorded in name of private persons. As the same is not included in notification under Section 3D of the National Highways Act, therefore, proceedings for payment of compensation has to be undertaken by NHAI. 4. Sri A.K. Pandey, learned counsel for NHAI has placed on record the written instruction received from Project Director, NHAI. According to it, the Project Director has sent a communication to SDM, Sadar, Ghazipur, requesting him to get Plot No. 14 demarcated in order to ascertain that how much land has been affected so that further action in the matter is taken accordingly. He submits that as soon as the demarcation is carried out, further action would be taken. 5. Having regard to the submissions made, we dispose of the instant petition by providing that respondent no. 3, would ensure that the subject land is demarcated within four weeks by a revenue team in which representative of NHAI shall also be included. Based on the survey report, further action relating to payment of compensation shall be taken. In case any part of the holding is found to be affected, the quantification of the compensation amount shall be made by the District Level Committee in terms of Government Order dated 12.05.2016 within next twelve weeks. Order Date :- 11.4.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad