MALTI DEVI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE LKO. AND 7 OTHERS
/10901/2024 · 2025-01-07
Brij Raj Singh, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169953 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169953 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1115-DB Court No. - 2 Case :- WRIT - C No. - 10901 of 2024 Petitioner :- Malti Devi And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Lko. And 7 Others Counsel for Petitioner :- Amol Kumar Srivastava,Apoorv Srivastava Counsel for Respondent :- C.S.C.,Mohd. Yasir Abbasi,Nitin Srivastava,Sarvesh Kumar Dubey AND Case :- WRIT - C No. - 7150 of 2024 Petitioner :- Jageshwar Respondent :- National Highways Authority Of India New Delhi And 7 Others Counsel for Petitioner :- Shyamendra Singh,Tej Singh Counsel for Respondent :- Sarvesh Kumar Dubey,Amol Kumar Srivastava,Apoorv Srivastava,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.
1. Vakalatanama filed by Shri Mohd. Yasir Abbasi, Advocate on behalf of National Highways Authority of India (NHAI) is taken on record. 2. Heard counsel for the parties. 3. Learned counsel for the State informs the Court that accounts of the petitioners have been defreezed on the orders of Special Land Acquisition OfÏcer, who is the competent authority under the NHAI, Act, 1956. As regards, compensation she informs that the compensation has been paid to Jageshwar-opposite party no.8 herein who has filed the connected writ petition. There is a short counter afÏdavit to this effect in the connected writ petition filed by Jageshwar. 4. Counsel for the Bank also states that account of the petitioners Malti Devi and Ahibaran have been defreezed. Whether the petitioners Malti Devi and Ahibaran have incorrectly been paid the compensation for the land acquired which has now been paid to Jageshwar is an issue which can be seen by the competent authority under the
National Highways Authority Act. If the NHAI has any grievance in this matter, it can approach the competent authority who may resolve the matter. 5. As regards, the claim of Jageshwar, the petitioner in the connected writ petition, who is represented by Shri Shyamendra Singh, that he has not been paid the entire compensation, let the competent authority look into this aspect of the matter also on an application to be submitted by the petitioner and take a decision accordingly whosoever is the rightful owner should be paid compensation fully and if any compensation has been paid to a person not entitled then appropriate proceedings can be drawn for recovery of the same as per law. Let this exercise be completed at the earliest. 6. Both the writ petitions are disposed of.
Order Date :- 7.1.2025 Pks [Brij Raj Singh,J.] [Rajan Roy, J.] Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench