PARAS NATH AND 2 OTHERS v. UNION OF INDIA AND 6 OTHERS
WRIC/6719/2025 · 2025-05-25
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26078 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26078 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:88989-DB Court No. - 21 Case :- WRIT - C No. - 6719 of 2025 Petitioner :- Paras Nath And 2 Others Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Muktesh Kumar Singh,Rakesh Kumar Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.,Mithilesh Ch. Tripathi,Rajesh Kumar Jaiswal Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Shri R.K. Jaiswal, learned counsel for respondents no.1, 2, 3 and 7. 2. The present petition has been filed praying for a writ of mandamus commanding the respondents not to take the land of the petitioners comprising of Arazi no.129 area 0.0810 hectare, Village- Pachwal Astbhuji, Pargana- Pachwal, Tehsil- Madiyahun, District- Jaunpur without acquiring the same. 3. The writ petition is based on the premise that the aforesaid land has not been acquired by the respondents till date but they are threatening to construct a national highway over it. 4. A counter affidavit has been filed on behalf of Public Works Department wherein the stand taken is that, earlier, acquisition proceedings were initiated for acquiring land for construction of National Highway. In the said exercise, by inadvertence, Plot no.129 was left out. After the said mistake was noticed, fresh notifications under Section 3-A and 3-D were issued on 08.05.2024 and 10.10.2024 respectively followed by supplementary award dated 03.02.2025. The Competent Authority has already requested to the Government of India to make available the requisite amount for payment to the affected land owners. 5. Learned counsel for the petitioners is not in a position to dispute that in second round of acquisition proceedings, the subject land was duly notified for acquisition and is covered by supplementary award. He submits that the petitioners have not been paid
compensation in pursuance of the supplementary award. 6. In respect of the said grievance, we are of the opinion that the petitioners can approach the Competent Authority so that their claim is duly considered in accordance with law. 7. As the subject land stood acquired, therefore, the reliefs prayed for cannot be granted. 8. The writ petition is disposed of with liberty to the petitioners to apply to the Competent Authority for payment of the compensation to them in pursuance of the supplementary award. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 26.5.2025 Ankit.
Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad