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Neutral Citation No. - 2025:AHC:23558-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.96) Court No. - 21 Case :- WRIT - C No. - 4667 of 2025 Petitioner :- Amita Khandelwal Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Shiv Kant Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Swetashwa Agarwal Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The instant petition has been filed praying for a direction to the respondents to pay compensation to the petitioner in respect of Khasra No. 644 area 470 sq. meter, Khasra No. 231 area 382 sq. meter and Khasra No. 232 area 120 sq. meter (toal area 972 sq. meter) of the revenue village- Ahmadpur Niyazpur, Tehsil-Sadar, Diustrict Shahjahanpur.
2. The case of the petitioner is that the respondents have taken possession of an excess area measuring 972 sq. meters while executing a project relating to construction of a national highway. The said fact is borne out from the survey report of Tehsil Authority dated 25.02.2022. However, no compensation has been paid to the petitioner so far.
3. Learned counsel for the respondents have invited our attention towards a communication dated 09.03.2023 by Project Director, N.H.A.I. to District Magistrate, Shahjahanpur, wherein he has recommended for fresh spot inspection in light of two contradictory reports.
4. Learned counsel for the parties are agreeable that the instant matter be sent to the District Level Committee for being decided in
terms of the Government order dated 12.05.2016.
5. Accordingly, the writ petition is disposed of with liberty to the petitioner to file fresh representation before respondent no. 2 within two weeks from today and in which event respondent no.2 shall transmit the same to the District Level Committee for being decided within next twelve weeks after giving opportunity to the parties to lead evidence and of hearing.
6. Sri Vaibhav Tripathi, learned counsel for respondent no.1 and Sri Anurag Yadav, learened counsel for N.H.A.I. are present. Order Date :- 18.2.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad