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2025 DAILYLAW 123229 (ALL)

RAJ KUMAR VERMA AND 3 OTHERS v. UNION OF INDIA THRU. SECY. GOVT. OF INDIA MINISTRY OF ROAD TRANSPORT HIGHWAY NEW DELHI AND 5 OTHERS

WRIC/1459/2025 · 2025-02-19

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10733-DB Court No. - 2 Case :- WRIT - C No. - 1459 of 2025 Petitioner :- Raj Kumar Verma And 3 Others Respondent :- Union Of India Thru. Secy. Govt. Of India Ministry Of Road Transport Highway New Delhi And 5 Others Counsel for Petitioner :- Brijesh Kumar Pandey,Saumya Shukla Counsel for Respondent :- A.S.G.I.,C.S.C.,Samidha Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Vakalatnama filed today by Shri Krishna Lal Yadav, Advocate on behalf of opposite party No.1 is taken on record. 2. Heard. 3. The petitioners allege that their land was taken by revenue officials of District Balrampur by means of a sale deed but the consideration has not been paid, though in the pleading it has been said that the compensation has not been paid after acquisition. On being asked, learned Counsel for the petitioners could not place any sale deed which has been executed by the petitioners in respect of land in question. 4. The Standing Counsel has instructions to the effect that part of Gate No.1150 situated at Village-Hansuwadol, Pargana, Tehsil and District-Balrampur was acquired. The notification under Section 3A of the National Highways Act, 1956 was published on 08.12.2022 and the notification under Section 3D of the National Highways Act, 1956 was published on 01.05.2023, thereafter, the award was declared on 01.11.2023. As per the relevant documents, one Chintaram and Naanu were the two tenure holders, who were recorded in respect of the acquired land and Tara Devi is the daughter of Chintaram and Chintaram had executed a sale deed in her favour, therefore, Tara Devi and Naanu have been disbursed the compensation in May, 2024. As per his instructions, the petitioners are in possession of their part of the land. The facts are not very clear in the writ petition nor is the counsel for the petitioner is clear about it. Let him approach the competent authority under the National Highways Act, 1956 raising a claim, if there is a cause, who may get the facts verified and ascertain as to whether the land over which the petitioners claim right and interest has been acquired or not, if so, whether the petitioners were recorded on the date of acquisition, if so, whether they are entitled to any compensation, if so, why the same has not been paid, however, if it is found that they are not entitled to it, reasons for the same shall be communicated to the petitioners in writing. 5. With the aforesaid observations/directions, the writ petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 19.2.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench