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Neutral Citation No. - 2025:AHC:65743-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.41) Court No. - 21 Case :- WRIT - C No. - 12887 of 2025 Petitioner :- Chheda Lal Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Ratnakar Pandey,Samsad Ahmed Khan Counsel for Respondent :- A.S.G.I.,C.S.C.,Swetashwa Agarwal Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. Heard learned counsel for the petitioner, Sri Pranjal Mehrotra, learned counsel appearing for respondent no.1 and Ms. Swetashwa Agarwal, learned counsel appearing for respondents no. 4 and 5.
2. The petitioner feeling aggrieved by award dated 24.03.2023 passed by the Competent Authority under the provisions of National Highways Act, 1956 has preferred the instant writ petition.
3. Learned counsel for the petitioner submitted that the impugned award has been given by treating the acquired land of the petitioner to be agricultural whereas the petitioner filed specific objection before the Competent Authority that his house was standing over the acquired land and therefore, the petitioner be paid compensation at residential rate.
4. It is not disputed that even in the notification under Section 3D of the National Highways Act, the subject land was shown as agricultural.
5. The claim of the petitioner is thus for payment of a higher compensation. This in our opinion requires consideration of various evidence and consequently, we decline to examine the said issue in exercise of writ jurisdiction and leave it open to the petitioner to avail the remedy provided in this behalf under Section 3G(5) of National Highways Act.
6. The writ petition is disposed of accordingly. Order Date :- 28.4.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad