VIMLESH v. BHARAT SARKAR DWARA SACHIV PARIVAHAN AUR RAJMARG MANTRALAYA NEW DELHI AND 2 OTHERS
WRIC/8473/2025 · 2025-09-02
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160716 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160716 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8473 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondents. 2. This petition has been filed with a prayer for grant of compensation at market value for Gata No.699 admeasuring 126.15 Sq. meter which the petitioner has bought through registered sale deed on 02.11.2018 from its recorded tenure holder. 3. The learned Standing Counsel has informed this Court that National Highway is being constructed and Notification under Section 3(A) was issued on 17.07.2023 and 3D was issued on 12.09.2023, Award was declared on 25.10.2023 with regard to Village Sulkhiyapur, where 14.5421 Hectare land has been acquired for construction of Highway. Out of Gata No.699, admeasuring 0.1640 Hectare has been acquired for construction of Highway and Rs.630 per sq. meter for land has been determined but on information being received that there is a Regular Suit No.2931 of 2019 [Bhuvan Pandey Vs. Kaushal Kishore Pandey and 11 Others] pending in the Court of Civil Judge (Junior Division), Court No.16, Raebareli, with regard to declaration of rights, the compensation has not been paid to anyone. The petitioner had his house constructed on the said 0.164 Hectare and only for the construction raised Rs.27,26,200.00 has been determined which has been given to the Versus Counsel for Petitioner(s) : Suman Lata, Anita Singh Counsel for Respondent(s) : A.S.G.I., C.S.C., Sarvesh Kumar Dubey Vimlesh .....Petitioner(s) Bharat Sarkar Dwara Sachiv Parivahan Aur Rajmarg Mantralaya New Delhi And 2 Others .....Respondent(s)
petitioner. 4. It is apparent that after the Award was declared, compensation for construction standing on land of Gata No.699 has been given to the petitioner. The compensation with respect to the land of which the house was standing, has not been given, although it has been determined only because there is a Civil Suit pending in the court of Civil Judge (Junior Division), Raebareli. 5. This writ petition is disposed of. In case, the petitioner is aggrieved by the compensation given to him, he may approach the appropriate Authority under Section 3G(5) of the National Highway's Act. Regarding determination of compensation for land, the Suit is already pending before the Civil Judge (Junior Division), Court No.16, Raebareli.
September 2, 2025 N.PAL WRIC No. 8473 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench