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2025 DAILYLAW 154183 (ALL)

SMT.MEERA DEVI v. MANAGING DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA AND 4 OTHERS

/7225/2025 · 2025-08-04

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45043-DB Court No. - 2 Case :- WRIT - C No. - 7225 of 2025 Petitioner :- Smt.Meera Devi Respondent :- Managing Director, National Highways Authority Of India And 4 Others Counsel for Petitioner :- Kanhaya Lal Vishwakarma,Shashi Kant Dwivedi Counsel for Respondent :- Sarvesh Kumar Dubey,C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard the learned counsel for the petitioner and Shri Manish Mishra, learned Standing Counsel who appears on behalf of the Respondent nos.3 and 4 and Shri Vimlesh Kumar, Advocate who has filed his Power on behalf of the Respondent nos.1 and 2. 2. This petition has been filed by the petitioner for the following main prayers:- "i) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite party no.4 sent petitioner's file to Land Acquisition Rehabilitation and Resettlement Tribunal for decision of compensation dispute, in the interest of justice. ii) Issue a writ, order or direction in the nature of Mandamus the Land Acquisition Rehabilitation and Resettlement Tribunal may be decided the compensation dispute of the petitioner as early as possible, in the interest of justice." 3. It has been submitted by the learned counsel for the petitioner that the petitioner is the owner of 1/6 share of the land and in possession of the land over Gata Nos.1387, 1388, 1402 and 1404 situated at Village Jhakrasi, Pargana and Tehsil Sadar, District Raebareli. Certain land was acquired in District Raebareli for construction four lane National Highway in 2017. The petitioner has moved a Representation for compensation in this regard but no heed was paid, therefore, Writ-C No.8535 of 2024 [Meera Devi Vs. Managing Director National Highway of India] was filed which has been disposed of by this Court on 01.10.2024 directing the petitioner to move an appropriate application in this regard. The petitioner has made an application to the Opposite party no.4, Special Land Acquisition Officer, Raebareli, and he has passed an order on 17.12.2024 and he has referred the matter to the Presiding Officer, Land Acquisition Rehabilitation & Resettlement Authority, Lucknow. 4. The counsel appearing for the State-respondents on the basis of instructions says that actually the Competent Authority in this regard is the Principal Judge of the Civil Court and later a corrigendum was issued and the matter was referred to the Principal Judge/ District Judge, Raebareli, and a Miscellaneous Case No.86 of 2025 has been registered and notices were issued on 18.07.2025 and the next date fixed in the matter is 11.08.2025. 5. The instructions are kept on record. 6. The writ petition is disposed of with a direction to the petitioner to approach the District Judge in the aforesaid Miscellaneous Case. Order Date :- 4.8.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench