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2025 DAILYLAW 31395 (ALL)

SANT SARAN v. UNION OF INDIA AND 3 OTHERS

WRIC/8189/2025 · 2025-04-09

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53186-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 44) Court No. - 21 Case :- WRIT - C No. - 8189 of 2025 Petitioner :- Sant Saran Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Arvind Srivastava Iii,Pratik Kumar Counsel for Respondent :- Shiv Kumar Singh,A.S.G.I.,C.S.C.,Paras Nath Rai,Pranjal Mehrotra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Pratik Kumar, learned counsel for the petitioner, Sri P.N. Rai, learned counsel for respondent no. 1, Sri A.N. Tripathi, learned counsel for respondent no. 2, Sri Rajiv Gupta, learned Additional Chief Standing Counsel for respondent no. 3 and Sri Shiv Kumar Singh, learned counsel for respondent no. 4. 2. The petitioner has prayed for a writ of mandamus commanding respondents no. 3 and 4 to demarcate plot no. 491M, Village Khojafool, Tehsil Sikandra, District Kanpur Dehat and to pay compensation to the petitioner for having utilized land in excess of 250 square meters actually acquired. 3. Learned Standing counsel has placed on record the written instructions received from Competent Authority. The stand taken therein is that vide letter dated 1.4.2025 the Competent Authority has directed SDM, Sikandra and the officials of NHAI to constitute a joint team and carry out demarcation of the acquired land and the remaining land of the petitioner. However, the demarcation exercise could not be completed on account of standing crop on the adjoining plots. It is stated that as soon as the crop is harvested the demarcation exercise shall be carried out and further action would be taken in the matter accordingly. 4. In view of the aforesaid stand, we dispose of the instant petition by providing that the Competent Authority shall get the acquired land as well as the remaining land of the petitioner demarcated within six weeks from the date crop standing over the adjoining land is harvested and in the event, it transpires that any extra land has been utilized, the Competent Authority shall refer the matter to the District Level Committee for deciding the claim in terms of Government Order dated 12.5.2016. Order Date :- 10.4.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad