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Neutral Citation No. - 2025:AHC:70816-DB Court No. - 21 Case :- WRIT - C No. - 4531 of 2025 Petitioner :- Kusum Devi Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Mohitosh Singh,Vinay Kumar Counsel for Respondent :- A.S.G.I.,C.S.C.,Vaibhav Tripathi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
Order on the Amendment Application
1. Heard.
2. The amendment application is allowed.
3. Counsel for the petitioner is permitted to implead Executive Engineer, NH Division, PWD, Prayagraj as respondent no. 6 to the writ petition during course of the day.
Order on the Memo of Writ Petition
1. Notice on behalf of Union of India and newly impleaded respondent no. 6 has been accepted by Sri Vaibhav Tripathi, Advocate. He has placed on record the instructions received from respondent no. 6, according to which, the subject land is covered by award dated 31.12.2022 and compensation for the same has been paid to the affected land owners on 10.7.2023.
2. The petitioner claims title over 99.33 sq. meters of Arazi No. 100 on basis of a sale deed dated 15.7.2021. The notification for acquisition under Section 3A of the Act was issued on 16.3.2022, followed by notification under Section 3D dated 14.9.2022 and an award dated 31.12.2022.
3. It is evident from the award that the respondents have acquired 0.2724 hectare of Gata No. 100.
4. According to the petitioner, the respondents have computed the compensation amount and it has been divided equally in favour of all the co-shares/co-tenure holders. The case of the petitioner is that she had purchased a specific portion and since the same only was affected by the acquisition, therefore, compensation should be paid to her only. It is also her case that the amount awarded is highly inadequate and she is entitled to a higher compensation.
5. In our opinion, for the said purpose, remedy is available under Section 3H(3) and 3H(4) of the National Highways Act, 1956.
6. Therefore, we dispose of the instant petition with liberty to the petitioner to avail the said remedy, if so advised. She may also avail the remedy under Section 3G in challenging the award, if she is not satisfied with the amount awarded as compensation. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)
Order Date :- 5.5.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad