SATYENDRA KUMAR AND 3 OTHERS v. CHAIRMAN, NATIONAL HIGHWAYS AUTHORITY OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS AND 3 OTHERS
WRIC/653/2025 · 2025-01-23
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118080 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118080 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4621-DB Court No. - 2 Case :- WRIT - C No. - 653 of 2025 Petitioner :- Satyendra Kumar And 3 Others Respondent :- Chairman, National Highways Authority Of India Ministry Of Road Transport And Highways And 3 Others Counsel for Petitioner :- Harish Chandra Yadav,Poonam Maurya Counsel for Respondent :- Sarvesh Kumar Dubey,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Shri Mohd. Yasir Abbasi, Advocate (AOR: B/M 1159, Enrollment No.UP9432/22) has filed Vakalatnama on behalf of NHAI, which is taken on record. Heard Ms. Neha Gupta, learned counsel for the petitioners, Sri Mohd. Yasir Abbasi, larned counsel for NHAI and learned Standing Counsel for the State. Learned Standing Counsel has received instructions to the effect that part of Gata No.257 of which the petitioners are the owners alongwith others, who are claiming ownership, has been utilized for broadening of the highway. A joint survey was requested by the officials of the NHAI with the district authority, which has been conducted day before yesterday. Earlier there were two conflicting reports, according to one an area of 0.003 hectare of the the petitioner's land had been utilized for the said purpose, whereas according to the other report an area of 0.0035 hectare had been utilized, therefore, the joint survey was conducted yesterday but the report is still awaited.
Learned counsel for NHAI has also instruction to the effect that some land of the petitioner bearing Gata No.257 has been utilized, however, there is some dispute between the owners. Be that as it may, as a joint survey has been conducted yesterday itself, therefore, we direct the opposite parties to take the said survey to its logical conclusion ascertaining the exact area of the land or the house, as the case may be, which may have been utilized by the official opposite parties for widening of the highway then to determine the compensation payable to the owners as per law and to disburse it accordingly. Let this exercise be completed at the earliest, say, within three months.
If the petitioners have any grievance they may avail the remedies as may be prescribed in law. The petitioners' version is that the land measuring about 0.167 hectares has been utilized for the widening of the highway, therefore this aspect be also taken into consideration. The writ petition stands disposed of.
Order Date :- 23.1.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench