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2025 DAILYLAW 41144 (ALL)

RAKESH GOYAL v. UNION OF INDIA AND 4 OTHERS

WRIC/10968/2025 · 2025-05-15

Anish Kumar Gupta, Manoj Kumar Gupta

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:81599-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.36) Court No. - 21 Case :- WRIT - C No. - 10968 of 2025 Petitioner :- Rakesh Goyal Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra,Rajesh Kumar Jaiswal Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner has prayed for a writ of mandamus commanding the respondents to pay compensation to him for an area measuring Khasra No. 24 area 1418 square meter of the Revenue Village- Tajpur, Tehsil and District Bulandshahar. 2. The case of the petitioner is that the aforesaid area has got affected by construction of a public road. The petitioner places reliance on a spot inspection report dated 27.02.2025 wherein it is mentioned that the inspection was carried out by a revenue team in the presence of the representative of NHAI and in which it transpired that although in the revenue records the name of the petitioner is recorded over plot no. 24 (0.5180 hectare), but he was found in possession of only 0.4201 hectare. It is also stated in the report that the remaining area is covered by pillars raised by the NHAI for the road. 3. Learned counsel for the NHAI has placed on record the communication between the Project Director, NHAI and ADM (Administration)/Competent Authority wherein the claim of the petitioner has been disputed. It is stated that the factual position would be clarified in case a joint survey is held. 4. In the aforesaid instructions, there is no clarification with regard to the report annexed by the petitioner as annexure-5 to the writ petition dated 27.02.2025. 5. In our considered opinion, the claim of the petitioner, in the facts and circumstances noted above, is required to be examined by District Level Committee in terms of Government Order dated 12.05.2016 to facilitate appropriate decision by the District Magistrate. 6. Counsel for NHAI and learned Standing Counsel appearing for the State respondents have also no objection to the same. 7. Accordingly, without expressing any opinion on merits, the writ petition is disposed of with liberty to the petitioner to make a fresh representation along with true attested copy of the instant order before respondent no.2 and in which event, respondent no.2 will transmit the representation to District Level Committee for considering the claim within twelve weeks. The District Magistrate will thereafter take appropriate decision on basis of recommendation of District Level Committee within two weeks. 8. It is clarified that we have not expressed any opinion on merits and the decision would be taken without being influenced by any observation made in the instant order. Order Date :- 16.5.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad