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2025 DAILYLAW 46154 (ALL)

RAGINI PANDEY v. UNION OF INDIA AND 4 OTHERS

WRIC/12181/2025 · 2025-04-22

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61054-DB Court No. - 21 Case :- WRIT - C No. - 12181 of 2025 Petitioner :- Ragini Pandey Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Brijesh Kumar Mishra Counsel for Respondent :- A.S.G.I.,Rajesh Kumar Jaiswal Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Brijesh Kumar Mishra, learned counsel for the petitioner, Shri R.K. Jaiswal, learned counsel appearing on behalf of respondent No. 1 & 3 and learned Addl. Chief Standing Counsel appearing on behalf of the State-respondents. 2. The prayer made in the instant petition is for a direction to the respondents to pay compensation to the petitioner as per prevailing circle rate applying multiplier of four in lieu of Araji No. 2149 area 0.108 hectare, village Sirjam, Pargana Silhat, Tehsil Deoria, District Deoria acquired under the provisions of National Highways Act, 1956 and to direct respondent No. 2 to decide the representation filed in this behalf by the petitioner. 3. Learned standing counsel submits that an award for the acquired land was declared on 02.02.2024 by the Competent Authority. The said award is not under challenge. In such circumstances, the petitioner cannot be granted any relief. 4. We find sufficient force in the submission. As the case of the petitioner is that the respondents are not offering adequate compensation to the petitioner, therefore, in other words, she is questioning the correctness of the award dated 02.02.2024 and for which she has remedy available under Section 3G(5) of the National Highways Act, 1956. 5. Therefore, we dispose of the instant petition with liberty to the petitioner to avail the statutory remedy, if so advised. Order Date :- 23.4.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad