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2025 DAILYLAW 198094 (ALL)

UMAKANT DUBEY AND 2 OTHERS v. U.O.I. THRU. SECY. MINISTRY OF ROAD TRANSPORT AND HIGHWAYS AND 4 OTHERS

WRIC/10529/2025 · 2025-12-18

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10529 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. We have heard learned counsel for the petitioners, learned Standing Counsel for the State Respondents, Sri Varun Pandey, learned counsel appearing on behalf of the respondent no.1 and Ms. Vatsala Singh, learned counsel appearing on behalf of the respondent no.2. 2. This writ petition has been filed with the following main prayers:- "(i) An appropriate Writ, Order or direction in the nature of mandamus commanding the opposite parties to pay compensation to the petitioners with respect to the acquisition of their land at Gata No. 591, acquired Area 0.1885 hectare situated at Village Baurumau, Pargana Lucknow, Tehsil Bakshi Ka Talab, Lucknow. (ii) An appropriate Writ, Order or direction in the nature of Mandamus commanding the opposite parties to pay interest upon the amount of compensation to the petitioners in accordance with provisions of law from the date of taking possession of land till its actual payment in favour of the petitioners." 3. It has been submitted by learned counsel for the petitioners that despite repeatedly approaching the respondents for payment of compensation, Versus Counsel for Petitioner(s) : Manoj Kumar Dubey Counsel for Respondent(s) : A.S.G.I., C.S.C., Sarvesh Kumar Dubey, Vatsala Singh Umakant Dubey And 2 Others .....Petitioner(s) U.O.I. Thru. Secy. Ministry Of Road Transport And Highways And 4 Others .....Respondent(s) compensation has not been paid to the petitioners, who are the legal heirs of Late Dina Nath Dubey, whose land was acquired under the National Highways Act, 1956 for the benefit of the respondent no.2. 4. On the last date of listing, this Court had granted time to the learned Standing Counsel for the State to seek instructions in the matter. 5. Learned Standing Counsel for the State Respondents, on the basis of instructions, says that a dispute has been raised by the married daughter of Late Dina Nath Dubey that she is also entitled for compensation. 6. Learned counsel for the petitioner stated that not only one unmarried son but also one unmarried daughter and one married daughter of Late Dina Nath Dubey have filed this writ petition praying for compensation to be paid. 7. Since there is a dispute with regard to apportionment of compensation, we direct the Competent Authority to refer the matter under Section 3H(4) of the National Highways Act, 1956 within one week from the date a copy of this order is produced before the authority concerned. 8. Accordingly, this writ petition stands disposed of. December 18, 2025 Darpan Sharma WRIC No. 10529 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench