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2025 DAILYLAW 179704 (ALL)

SMT. KAMLA AND 2 OTHERS v. U.O.I. THRU. SECY. MINISTRY OF ROAD TRANSPORT HIGHWAYS NEW DELHI AND 3 OTHERS

/11685/2025 · 2025-12-02

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11685 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Sri Vishal Tahlani, Advocate has filed vakalatnama on behalf of the respondents No.2 & 3 in Court today, which is taken on record. 2. Heard learned counsel appearing on behalf of the parties. 3. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioners have made the following main prayers:- "i. Issue a writ of mandamus commanding the respondents to forthwith release the lawful compensation for the petitioner's acquired land (Gata No. 304, total area/ acquired area 0.5060 hectare, acquired share 843.33 sq. mtrs, situated at Village Alinagar Khurd, Tehsil Sarojini Nagar, District Lucknow) along with statutory interest under Section 3H(5) of the National Highways Act, 1956. ii. Issue a writ, order or direction declaring the failure of the respondents to pay compensation despite acquisition and utilization of land as arbitrary, illegal and unconstitutional. iii. Issue a writ, order or Direction for fixing responsibility upon erring officers for wilfully negligence. iv. Award of exemplary costs to Petitioners for mental harassment and deprivation caused by 8 years' illegal delay." 4. Learned counsel appearing on behalf of the National Highways Versus Counsel for Petitioner(s) : Jyoti Rajpoot Counsel for Respondent(s) : A.S.G.I., C.S.C., Sarvesh Kumar Dubey Smt. Kamla And 2 Others .....Petitioner(s) U.O.I. Thru. Secy. Ministry Of Road Transport Highways New Delhi And 3 Others .....Respondent(s) Authority of India has submitted that the amount has been paid to the District Magistrate, District Lucknow, Uttar Pradesh. However, till date, the payment has not been made to the petitioners. 5. Learned Standing Counsel appearing on behalf of the State submits that the payment was not made as in the earlier khatoni, the land was shown as a pond, whereas, in the present khatoni, the land is shown as agricultural land. 6. In light of the facts and circumstances, we are of the view that the petitioners are suffering for a long period and the compensation has not been paid to the petitioners in spite of acquisition of the land of the petitioners. The authority should immediately make compensation of the acquired land along with the statutory interest and other benefits within a period of twelve weeks from date. 7. In the event, the authorities are of the view that payment is not to be made to the petitioners due to a legal issue, a reasoned order should be passed by them within the aforementioned time. 8. With the above direction, the writ petition is disposed of. December 2, 2025 cks/- WRIC No. 11685 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench