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2025 DAILYLAW 130513 (ALL)

SAPNA v. U.O.I. THRU. THE SECY.ROAD AND TRANSPORT MINISTRY OF NATIONAL HIGHWAY, NEW DELHI AND ORS.

WRIC/2980/2025 · 2025-03-27

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17843-DB Court No. - 2 Case :- WRIT - C No. - 2980 of 2025 Petitioner :- Sapna Respondent :- U.O.I. Thru. The Secy.Road And Transport Ministry Of National Highway, New Delhi And Ors. Counsel for Petitioner :- Anoop Vajpayee,Atul Kumar Yadav Counsel for Respondent :- A.S.G.I.,Sarvesh Kumar Dubey Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the petitioners, Shri Varun Pandey, learned counsel for respondent no.1- Union of India, Shri Mohd. Yasir Abbasi, learned counsel for respondent no.2- National Highway Authority of India, whose Power is taken on record and Shri Vivek Mani Shukla, learned Standing Counsel for State-respondent nos.3 to 5. 2. Learned Standing Counsel states that initially part of land bearing Gata No.148 was acquired vide notification under the National Highways Act, 1956, but the remaining part has not been acquired and the petitioner alleges interference in his possession in respect of the remaining unacquired land. 3. Both the Standing Counsel and learned counsel for NHAI also submit that not a pinch of land belonging to the petitioners has been utilized or encroached upon as of now and only a survey has been conducted and the process for acquisition is underway. 4. In view of the aforesaid, we provide that unless and until the land is acquired, as per law, or is purchased, the opposite parties will not enter the land of the petitioners, without their consent, or encroach any portion of it. 5. The writ petition is, accordingly, disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 27.3.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench