EXECUTIVE COMMITTEE OF THE THAURI EDUCATIONAL TRUST and ANR. v. U.O.I. THRU SECY.MINISTRY OF ROAD TRANSPORT and NATIONAL andORS.
WRIC/17339/2020 · 2025-12-11
Amitabh Kumar Rai, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176192 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176192 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 17339 of 2020 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J. Heard Shri Ratnesh Chandra, learned counsel for the petitioners and Shri Ajay Pratap Singh, learned counsel for the respondents. This writ petition has been filed by the petitioner with the following main prayers :
"An appropriate writ, order or direction in the nature of certiorari quashing the impugned Notice dated 14.09.2020 issued by the opposite party no.2, Notification dated 30.10.2018 and 16.02.2018 issued by the opposite party no.1 (as contained in Annexure Nos.1,2 and 3 respectively to this writ petition) as far as it relates to indicating the name of opposite party no.4 as owner/interested person and other consequential actions." Shri Ratnesh Chandra, learned counsel for the petitioners has stated that the land acquired by the NHAI belonged to the Thauri Educational Trust Society and not to the Thauri Educational Trust Institution. The contesting respondents claim compensation on the basis of their contention that the land belonging to the society was, in fact, the land of the institution. We find that there is a dispute as to whether the society owned the land that has been acquired or whether the Committee of Management of the institution itself owned the property acquired by the NHAI. We are of the view that such a disputed question of fact should be Versus Counsel for Petitioner(s) : Sridhar Awasthi, Arjun Kumar Kaushal, Ratnesh Chandra Counsel for Respondent(s) : C.S.C., A.S.G., Ajay Pratap Singh, Sudhir Pande Executive Committee Of The Thauri Educational Trust And Anr. .....Petitioner(s) U.O.I. Thru Secy.Ministry Of Road Transport And National Andors. .....Respondent(s)
considered by the appropriate authority, for which the petitioner should make an application under Section 3(H)(4) of the National Highways Act,
1956. This writ petition is disposed of with liberty to the petitioner to approach the appropriate authority by means of an application under Section 3(H)(4) of the National Highways Act, 1956 within a week. In case such an application is filed, the same shall be referred by the appropriate authority to the competent court for decision and shall be decided expeditiously. December 11, 2025 Mahesh WRIC No. 17339 of 2020 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench