Neutral Citation No. - 2025:AHC:75371-DB Court No. - 21 Case :- WRIT - C No. - 10328 of 2025 Petitioner :- Anil Kumar Singh Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Rajendra Pratap Singh,Rajesh Kumar Singh Counsel for Respondent :- Pranjal Mehrotra,A.S.G.I.,Akanksha Gaur,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner is aggrieved by an order dated 14.02.2025 passed by respondent no. 3 i.e. Project Implementation Unit (PIU), Kanpur through Highway Administrator, Kanpur Dehat under Section 26(6) of the Control of National Highways (Land and Traffic) Act, 2002 (for short hereinafter referred to as 'the Act'). The petitioner has also prayed for a writ of mandamus restraining the respondents from interfering in the possession of the petitioner over constructions existing over Plot Nos. 108, 109 and 110, Village and Post Rania Padaw, Sachendi @ Chacheri, Tehsil Akbarpur, District Kanpur Dehat. 2. The petitioner was issued a notice under Section 26(2) of the Act alleging that the constructions of the petitioner ad-measuring 40 square meters over NH-2, chainage 443 +793 (LHS) was an encroachment and he was required to show cause, failing which action would be taken against the petitioner, as provided under the Act. In pursuance of the said notice, the petitioner submitted an objection on 21.10.2024, copy of which has not been annexed along with the writ petition. Therein, according to the petitioner, he took the stand that the constructions were in existence over Plot Nos. 108, 109 and 110, which belong to the petitioner. The petitioner took the stand that the aforesaid plots are not subject matter of the acquisition nor any compensation has been paid to him. Thus, in other words, the case of the petitioner was that the constructions were not in existence over any part of the acquired land. 3. It is noteworthy that the petitioner has annexed with the writ petition an application submitted to the District Magistrate in which the petitioner stated that his constructions existing over Gata Nos. 108, 109 and 110 are getting affected by the National Highway and the petitioner should be paid compensation therefor. An affidavit has also been annexed with the writ petition, which is dated 22.02.2019 and wherein the petitioner gave different plot numbers i.e. Plot Nos. 151, 152 and 155 as the land owned by him. Counsel for the petitioner states that these are the new numbers of old Gata Nos. 108, 109 and 110. 4. The impugned order records that on 05.01.2024 a joint survey of the spot was got carried out and in which it transpired that the constructions were in existence over Gata No. 210. 5. Learned counsel for the petitioner submits that the constructions are very old and that the survey/demarcation was held behind the back of the petitioner. 6. Having regard to the said submission, we dispose of the instant petition with liberty to the petitioner to apply for demarcation as per provisions of law and in which event the proceedings will be concluded expeditiously, preferably within three months from the date of filing of the application. 7. The order has been passed in presence of Sri Pranjal Mehrotra, learned counsel for respondent no. 1 and Ms. Akanksha Gaur, learned counsel for respondent no. 3. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 9.5.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad