Neutral Citation No. - 2025:AHC:73684-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.32) Court No. - 21 Case :- WRIT - C No. - 11499 of 2025 Petitioner :- Gaja Nand Singh And 3 Others Respondent :- The Project Director, National Highway Authority Of India Project Implementation Unit And 3 Others Counsel for Petitioner :- Ajit Singh Counsel for Respondent :- C.S.C.,Mahendra Pratap Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The District Magistrate, Mirzapur has filed his affidavit in compliance of the previous order dated 17.04.2025. 2. Sri Raghav Dwivedi, learned counsel appearing on behalf of N.H.A.I. has submitted instructions received from N.H.A.I. 3. The prayer made in the instant petition is for issuing a writ of mandamus commanding the respondent no.2 to decide the representation of the petitioners dated 21.02.2025 strictly in accordance with Government Order dated 12.05.2016 and in the light of the earlier order dated 12.12.2024 passed by this Court in Civil Misc. Writ-C No. 37226 of 2024 filed by the petitioners for the same cause of action which is as follows: "1. The prayer made in the instant petition is for a direction to the respondents to decide the petitioners' representation dated 20 June 2024 with regard to payment of compensation for Araji No. 292 and 293 or alternatively proceed with issuance of further notifications under the National Highways Act, 1956 for acquisition of the aforesaid land of the petitioners. 2. It seems that the subject land of the petitioners was taken possession of by NHAI while executing a project relating to construction of a national highway without any formal acquisition. When the said fact came to its notice, it sent a proposal to Special Land Acquisition Officer for issuing notification under Section 3A of the National Highways Act, 1956 for acquisition of the additional land. Although, the said proposal was sent on 10 May 2024 but so far, the Special Land Acquisition Officer has not acted upon it and no notification for acquisition has been issued. Admittedly, the petitioners were deprived of their land way back in the year 2017 when the project was executed. 3. It is not disputed that where the land of private person has been taken over by the State without any formal acquisition, the compensation is to be determined in terms of Government Order 12 May 2016 by a District Level Committee. 4. We are of the opinion that the said Committee should decide the compensation and the same should be paid to the petitioners. 5. Shri Raghav Dwivedi, learned counsel appearing on behalf of NHAI states that NHAI is ready to pay compensation to the petitioners as may be determined by the said Committee. 6. Accordingly, the petition stands disposed of with liberty to the petitioners to make 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 same to the District Level Committee for being decided in terms of Government Order dated 12 May 2016 within twelve weeks from the date, the papers are transmitted to the Committee. Needless to mention that the order would be passed after affording opportunity to the petitioners to lead evidence in support of their claim and after providing opportunity of hearing to them as well as National Highway Authority of India." 4. Thereafter, the committee considered the claim of the petitioners for compensation and it again did not examine the claim but held that the respondents would go for compulsory acquisition of the land. 5. Having regard to the said stand, we passed an order dated 17.04.2025 in the present writ petition, which is as follows: "1. The previous writ petition of the petitioners was disposed of with specific finding that the respondents had taken possession of the land of the petitioners way back in the year 2017 and therefore, it would be a futile exercise to permit them to initiate proceedings for acquisition of the said land. Instead we directed that the mechanism stipulated under Government Order dated 12.05.2016, for determining compensation in respect of land of which possession has been taken without any formal acquisition, should be followed. The Committee constituted under the said Government order instead of deciding the compensation which is to be paid to the petitioners has again taken the same stand, namely that recommendation has been made for acquiring the land through compulsory acquisition and as and when award is passed in pursuance of proposed acquisition, compensation would be paid. 2. We find that the order is in teeth of the directions and findings in the previous order. 3. We require the District Magistrate- Mirzapur, to file his affidavit and apprise the Court as to whether the respondents are ready to determine and pay compensation to the petitioners in terms of the said Government order or not, by filing his affidavit within two weeks. 4. Put up this matter as fresh on 07.05.2025. 5. Sri Rajiv Gupta, learned Additional Chief Standing Counsel undertakes to communicate the instant order to respondent no.2 within 48 hours." 6. Pursuant to the same, an affidavit has been filed by the District Magistrate, in which the stand taken is that he would revisit the decision taken on 25.01.2024 and would recommend for payment of compensation to the petitioners in terms of Government Order dated 12.05.20216. 7. In view of the same, the District Magistrate is permitted to revisit the matter within four weeks having regard to the previous orders and the fresh notifications, which came to be issued under the provisions of National Highways Act, 1956. 8. The writ petition stands disposed of. Order Date :- 7.5.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad