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2025 DAILYLAW 162347 (ALL)

RAM BHAWAN VERMA v. UNION OF INDIA THRU. SECY. MINISTRY OF ROAD TRANSPORT AND HIGHWAY NEW DELHI AND 3 OTHERS

WRIC/8641/2025 · 2025-09-09

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8641 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard Shri Piyush Mishra, learned counsel for the petitioner as well as Shri Abhishek Pathak, learned counsel, who has filed his 'vakalatnama' today on behalf of the opposite party no.2, which is taken on record and perused the material available on record. 2. The present petition has been filed by the petitioner challenging an order dated 05.08.2025, whereby, an application no. 3-a/1 was decided by the learned Additional District Judge, F.T.C.-I, District Ambedkar Nagar and, the file was consigned to record. 3. The facts in brief are that, the land of the petitioner allegedly was acquired by the respondent-authority and a claim was made by the respondent no.4 in respect of his entitlement for the amount awarded. In pursuance to, the directions given by this Court in Land Acquisition No. 23887 of 2018, directions were issued that the competent authority to refer the matter to Civil Court for deciding the issue with regard to the entitlement in terms of the mandate of Section 3H(4) of the National Highway Act. It is also stated that in pursuance to the said directions given by this Court, a request was made by the authority to the District Judge, Ambedkar Nagar for deciding the said issue in terms of the mandate of Section 3H(4) of the National Highway Act. The said application was registered as Application No.9-C. In the said reference to be decided by Versus Counsel for Petitioner(s) : Piyush Mishra Counsel for Respondent(s) : A.S.G.I., Sarvesh Kumar Dubey Ram Bhawan Verma .....Petitioner(s) Union Of India Thru. Secy. Ministry Of Road Transport And Highway New Delhi And 3 Others .....Respondent(s) the District Judge, an application was also moved being Application No.3a. The District Judge, rejected the application no.3a,however, while doing so, it has directed that the file be consigned to record. 4. There appears to be no decision on the reference, which is to be decided in terms of the mandate of Section 3H(4) of the National Highway Act. In view thereof, the present petition is disposed of with a direction to the District Judge, Ambedkar Nagar to decide the reference made under Section 3H(4) of the National Highway Act, which was registered as Application No. 9-C and has not yet been disposed of. The same shall be done expeditiously, in accordance with law, without giving any unnecessary adjournments to any of the parties. 5. Even the observations made by the Additional District Judge, Ambedkar Nagar in para no.3 of the order dated 05.08.2025 are contrary to the mandate of Section 3H(4) of the National Highway Act and cannot be sustained. September 9, 2025 Praveen WRIC No. 8641 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench