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2025 DAILYLAW 15954 (ALL)

SHANKAR AND 2 OTHERS v. NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH ITS PROJECT DIRECTOR AND 3 OTHERS

WRIC/4226/2025 · 2025-05-04

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71428-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.49) Court No. - 21 Case :- WRIT - C No. - 4226 of 2025 Petitioner :- Shankar And 2 Others Respondent :- National Highway Authority Of India Through Its Project Director And 3 Others Counsel for Petitioner :- Mahesh Kumar Dubey Counsel for Respondent :- C.S.C.,Mahendra Pratap,Surendra Prasad Yadav Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioners have prayed for compensation of Plot Nos. 209, 210 situated in Village- Suparaja, Tappa - Hata, Pargana & Tehsil- Basi, District- Siddharthnagar, as according to them the said land has got affected as a result of construction of a public road by NH Division, PWD. 2. Learned counsel for the petitioners places reliance on a communication by Special Land Acquisition Officer dated 26.09.2020, addressed to Executive Engineer, NH Division, PWD- Basti, in reference to an application submitted by the petitioners. It is stated that the aforesaid land was not subject matter of acquisition but the petitioners are claiming compensation on the ground that it has got affected by construction of the road. The report received from SDM- Basti, has also been annexed. According to the counsel for the petitioners the said report is in favour of the petitioners. 3. Surendra Prasad Yadav, learned counsel appearing on behalf of NHAI submits that the claim has to be examined in the first instance by respondent no.4. He submits that the road, after construction, was handed over to NHAI only for Management purposes. 4. We observe that the Special Land Acquisition Officer has also forwarded the claim of the petitioners to the Executive Engineer, NH Division, PWD- Basti. 5. Accordingly, we dispose of the instant petition by providing that respondent no.4 will decide the claim of the petitioners within eight weeks from the date of making of fresh representation alongwith true attested copy of the instant order after due notice and opportunity of hearing. Order Date :- 5.5.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad