DEVI PRASAD UPADHYAY v. U.O.I. THRU.SECY.ROAD AND TRANSPORT MINISTRY OF NATIONAL HIGHWAYS AND 3 OTHERS
/1101/2022 · 2025-11-27
Manjive Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 181035 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 181035 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 1101 of 2022 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsels appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner has made the following main prayer:-
"I) Issue writ, order or direction in the nature of mandamus commanding / directing the opposite party specially the opposite Party number 2 and 4 to pay the compensation of the land gata number 1026 situated at Village Sonpura, Pargana and Tehsil Patti, District Pratapgarh in compliance of the order dated 30.3.2017 passed by District Magistrate Pratapgarh / Arbitrator Pratapgarh to the petitioner, which is recorded in the name of the petitioner in the revenue record, which has been acquired by the government of the construction of N.H. 56 Varanasi to Sultanpur."
3. After hearing learned counsel appearing on behalf of both the parties, we are of the view that the petitioner should file a fresh application under Section 3H(2) of the National Highways Act, 1956 seeking the enhanced compensation from the authority concerned. If such an application is made by the petitioner, the authorities are directed to act in accordance with law and pay the balance amount that is payable to the petitioner within a period of sixteen weeks from date.
4. With the above direction, the writ petition is disposed of. November 27, 2025 Lokesh Kumar Versus Counsel for Petitioner(s) : Hanumant Lal Yadav Counsel for Respondent(s) : A.S.G.I., C.S.C., Sarvesh Kumar Dubey (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Devi Prasad Upadhyay .....Petitioner(s) U.O.I. Thru.Secy.Road And Transport Ministry Of National Highways And 3 Others .....Respondent(s) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench