SMT. RITA MISHRA AND 2 OTHERS v. UNION OF INDIA THRU. MINISTRY ROAD TRANSPORT AND HIGHWAYS NEW DELHI AND 2 OTHERS
WRIC/9372/2025 · 2025-09-25
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164334 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164334 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9372 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard the learned counsel for the petitioners and the learned Standing Counsel who appears on behalf of the State-respondent nos.2 and 3. Shri Anand Dwivedi, Advocate, has filed his Memo of Appearance on behalf of the Opposite party no.1, Union of India. 2. This petition has been filed by the petitioner for the following prayers:-
"i. Issue a writ, order or direction in the nature of Mandamus to direct the opposite party No.2 to take legal action on the basis of application dated 18.10.2024 and release the compensations in favour of the petitioners, which is pending before the opposite party No.2, contained as Annexure No.1 to this writ petition, in the interest of justice. ii. Issue such other suitable writ, order or direction as the Hon'ble Court may deem just and proper in the facts and circumstances of the case. iii. Allow the writ petition with cost."
3. It is the case of the petitioners that she and her husband bought residential Plot i.e. 1210 Sq.ft. out of Gata No.635 in Village Bani, Pargana Bijnor, Tehsil-Sarojini Nagar, District Lucknow, but the said Versus Counsel for Petitioner(s) : Brijesh Kumar, Suresh Sharma Counsel for Respondent(s) :
A.S.G.I., C.S.C. Smt. Rita Mishra And 2 Others .....Petitioner(s) Union Of India Thru. Ministry Road Transport And Highways New Delhi And 2 Others .....Respondent(s)
land has been acquired by the NHAI but no compensation has been paid till date. 4. The learned Standing counsel has produced before this Court instructions sent by ADM (Land Acquisition Officer), Lucknow, wherein it has been stated that Gata No.635 area 0.0130 Hectare situated in Village Bani, Pargana Bijnor, Tehsil-Sarojini Nagar, District Lucknow, was acquired for Kanpur-Lucknow Express way (N.E.-6). 3A Notification was done on 15.05.2020, 3D Notification was published on 31.12.2020. Award was declared on 28.05.2021 and supplementary award was declared on 05.07.2022. Not only 0.0130 Hectare of Gata No.635 was acquired but again 0.1728 Hectare of the same Gata was acquired through Notification under Section 3A on 22.02.2023 and Notification under 3D on 03.05.2023 and award was declared on 04.07.2023 and supplementary award was declared on 21.11.2023. It is for the purpose of disbursal of the compensation amount notices have been issued to all recorded tenure holders.
There is a dispute with regard to apportionment of compensation with regard to Gata No.635 to the various persons and on the basis of report submitted by SDM, Sarojini Nagar, Lucknow, the matter has been referred by order dated 26.08.2025 under Section 3H(4) of the Act to the District Judge, Lucknow. 5. The instructions are kept on record. 6. The writ petition is disposed of with liberty to the petitioner to approach the District Judge concerned where the reference is pending. September 25, 2025 N.PAL WRIC No. 9372 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench