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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.56) Court No. - 21 Case :- WRIT - C No. - 13308 of 2025 Petitioner :- Sharvesh Kumar Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Ashutos Kumar Pandey,Kabeer Tiwari,Sr. Advocate Counsel for Respondent :- A.S.G.I.,C.S.C.,Rajesh Kumar Jaiswal Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The prayer made in the instant writ petition for a direction to respondent no.5 to declare award in respect of the land of the petitioner in pursuance of notification under Section 3D of the National Highways Act, 1956 dated 16.03.2024 by following the plinth area method instead of item wise method. The case of the petitioner is that the calculation of compensation by adopting quality and rate analysis method, by Executive Engineer, Construction Division, PW, Pilibhit in his letter dated 15.04.2025 to SLO is wholly illegal and discriminatory.
2. Sri Anil Tiwari, learned senior counsel appearing for the petitioner submits that in respect of the other lands, the respondents have followed the plinth area method whereas in case of the petitioner, recommendation has been made for valuing the construction by following item wise method. He submits that such a discrimination cannot be made.
3. Learned Standing Counsel has placed on record the instructions received from the Competent Authority, according to which an award has been declared in respect of the subject land on
02.05.2025. Copy of the said award has also been annexed along with the written instructions.
4. Sri Anil Tiwari, learned senior counsel very fairly prays for withdrawal of the writ petition with liberty to the petitioner to challenge the award dated 02.05.2025 in appropriate proceedings.
5. The writ petition is accordingly, disposed of as withdrawn with liberty as prayed. Order Date :- 26.5.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad