Neutral Citation No. - 2025:AHC:37239-DB Court No. - 21 Case :- WRIT - C No. - 7505 of 2025 Petitioner :- Nimai Bala And 45 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Jitendra Kumar,Prasoon Tomar Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. The prayer made in the instant petition is to quash the letter dated 01.01.2025 by Special Land Acquisition Officer/Competent Authority to District Magistrate, Bijnor and to direct release of compensation amount in favour of the petitioners in respect of land situated in village Kherki Hemraj, Tehsil and District Bijnor in pursuance of award dated 29.05.2023. 2. Case of the petitioners is that they are owners of different parcels of land in village Kherki Hemraj, Tehsil and District Bijnor. The same was acquired by the respondents under the provisions of National Highways Act, 1956. The name of the petitioners is duly mentioned in the notification under Section 3-D issued on 9 March 2023. An award was declared on 29.05.2023. However, compensation has not been paid to the petitioners so far. The petitioners made complaint on IGRS portal on 19.12.2024 and in connection therewith, the Special Land Acquisition Officer, Bijnor send the impugned communication dated 01.01.2025 to the District Magistrate informing him that the acquired land of village Kherki Hemraj, Pargana & Tehsil Bijnor is recorded as Class 1-B which means lands in possession of persons under Government Grants Act and consequently, it would not be proper to pay compensation to them. The case of the petitioners is that since their name were duly shown as affected persons in the notification under Section 3-D and therefore, the petitioners remained under belief that they would be paid compensation for the acquired land. The petitioners, consequently, also could not file any objection before the Special Land Acquisition Officer as they were unaware of the stand of the Competent Authority taken in the communication sent to the District Magistrate. 3. Learned counsel for the petitioners concedes that so far the petitioners have not approached the Competent Authority with their claim. Therefore, no decision has been taken by the Competent Authority apart from the impugned communication sent to the District Magistrate. 4. Under Section 3-H(3) of the National Highways Act, the Competent Authority has been vested with power to examine claim of such persons. 5. In view of the same, we are of the opinion that the petitioners should first represent before the Competent Authority so that the Competent Authority may take decision on the claim of the petitioners. 6. Shri Rajiv Gupta, learned Addl. Chief Standing Counsel for the State-respondents and Shri Ram Chandra holding brief of Shri Pranjal Mehrotra, appearing on behalf of NHAI also do not have any objection in case the Competent Authority is directed to examine the claim of the petitioners. 7. Accordingly, without expressing any opinion on merits, the petition is disposed of with liberty to the petitioners to make exhaustive representation before the Competent Authority along with supporting evidence within two weeks along with true attested copy of the instant order. In the event, any such representation is made, the Competent Authority will decide the same by a speaking order within next twelve weeks after giving due opportunity of hearing to the parties. Order Date :- 17.3.2025 Mukesh Kr. (Syed Qamar Hasan Rizvi,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad