Neutral Citation No. - 2025:AHC:64777-DB Court No. - 21 Case :- WRIT - C No. - 12789 of 2025 Petitioner :- Dr. Hari Shankar Yadav Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Dinesh Kumar Tripathi,Rahul Srivastava Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner is aggrieved by a communication dated 01.03.2025 by Executive Engineer, National Highway Division, PWD, near Varuna Project, Nadesar, Mirzapur to the S.H.O., Saraimamrej, Handia, Prayagraj whereby he was requested to provide adequate police force for removal of the structure existing over diversion channels 0.000 to 49.200 as the same is acquired land. It is stated that since the structure existing over the acquired land has not been removed so far, therefore, the work of construction of two lane with paved shoulders is getting obstructed and the contractor is unable to carry on the work over the said land. The petitioner is also aggrieved by a communication by Special Land Acquisition Officer, Joint Organization, Prayagraj dated 28.02.2025 addressed to S.D.M., Handia, Prayagraj which is also for a request to get the structure over the acquired land removed. The petitioner has also assailed the award dated 22.11.2022 passed by Special Land Acquisition Officer, Prayagraj and has assailed the award of the Arbitrator dated 18.04.2024 under Section 3G(5) of the National Highways Act, 1956 and has claimed various other reliefs including quashment of the acquisition notifications. 2. At the outset, Shri Dinesh Kumar Tripathi, Advocate for the petitioner made statement at the bar that he is not pressing the reliefs claimed in the writ petition but only prays for some time being granted to the petitioner to remove the structure existing over the acquired land. He submits that the petitioner is running a hospital in the name of Jeevandeep Charitable Hospital over the acquired land and two months' time be granted to the petitioner to remove the structure. He states that in the meantime the petitioner will make alternative arrangements and will remove the structure without any let or hindrance. He further states that the award of the Arbitrator dated 18.04.2024 is already under challenge before the District Judge by way of objection under Section 34 of the Arbitration and Conciliation Act, 1996 and the petitioner reserves his rights in the said proceedings. 3. Shri Rajiv Gupta, learned Addl. Chief Standing Counsel very fairly does not object to the prayer for grant of time to the petitioner to remove the structure existing over the acquired land. 4. Having regard to the prayer made and the submission that a hospital is being run over the acquired land, we consider it appropriate to grant some time to the petitioner to make alternative arrangements. Accordingly, we dispose of the petition by providing that the petitioner shall have two months to remove the structure existing over the acquired land. 5. It is clarified that in case the petitioner fails to remove the offending structure within time provided by the Court based on the submission made, it will amount to violation of solemn undertaking/assurance given to this Court and would attract contempt proceedings apart from other consequences envisaged under law. Order Date :- 28.4.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad