ARVIND PRAKASH SHUKLA v. UNION OF INDIA THRU.ITS SECY.MINISTRY OF ROAD TRANSPORT AND NATIONAL HIGHWAY NEW DELHI AND OTHERS
WRIC/5369/2025 · 2025-06-04
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142479 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142479 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34493-DB Court No. - 2 Case :- WRIT - C No. - 5369 of 2025 Petitioner :- Arvind Prakash Shukla Respondent :- Union Of India Thru.Its Secy.Ministry Of Road Transport And National Highway New Delhi And Others Counsel for Petitioner :- Sadhu Sharan Chaubey,Abha Srivastava,Rajesh Kumar Singh Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J.
1. Heard.
2. The petitioner seeks following reliefs :-
"I. Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties to determine and pay due compensation in lieu of the land of the petitioner taken by the opposite parties for construction of Gilaula Bypass from Kilometer 281.930 to Kilometer 284.900 of National Highway No 730 in district Shrawasti of Uttar Pradesh State under Sub- section (1) of Section 3-A of the National Highway Act 1956 (hereinafter referred to as the Act) within reasonable time, as this Hon'ble Court deems fit and proper keeping in view the current circle rate issued by the Collector, Shrawasti, which finds place column No 5 Sl. No. 81 in the interest of justice. II. Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite party no 2 & 3 to consider and take appropriate decision upon the representation of the petitioner which was sent to them through registered post on 24.02.2025 in accordance to procedure provided under law, in the interest of justice."
3. On being asked, learned counsel for the petitioner very fairly submitted that the stage of Section 3G(1) of the National Highway Act, 1956 relating to determination of amount payable as compensation has not reached, meaning thereby, no order has been passed by the competent authority determining the compensation payable in lieu of such acquisition.
4. We fail to understand as to how at this stage we can interfere in the matter. The petitioner may raise his grievance at the appropriate stage, if there is a cause.
5. The writ petition is, accordingly, disposed of accordingly, as petition is pre-mature at this stage. . (Praveen Kumar Giri, J.) (Rajan Roy, J.) Order Date :- 4.6.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench