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2025 DAILYLAW 52000 (ALL)

DURGA CHARAN SINHA AND ANOTHER v. UNION OF INDIA AND 3 OTHERS

WRIC/13700/2025 · 2025-07-09

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110586-DB Court No. - 29 Case :- WRIT - C No. - 13700 of 2025 Petitioner :- Durga Charan Sinha And Another Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Satya Prakash Singh,Vinay Kumar Srivastava Counsel for Respondent :- A.S.G.I.,C.S.C.,Paras Nath Rai Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard Shri Satya Prakash Singh, learned counsel for the petitioners; Shri Satya Prakash Mishra, Advocate holding brief of Shri Paras Nath Rai, learned counsel for respondent no.1, and Shri Fuzail Ahmad Ansari, learned Standing Counsel for the State respondent nos.2 to 4. 2. The instant writ petition has been preferred for a direction commanding the Chief Revenue Officer/Competent Authority, Deoria (respondent no.4) for payment of compensation to the petitioners as per Award dated 15.02.2024, in respect of their land bearing Gata No.886 area 0.4210 hectare and Gata No.887 area 0.4986 hectare situated as Village Ahirauli, Tehsil Salempur, District Deoria and to decide the petitioners' applications/representations dated 28.12.2024, 15.02.2025 and 11.03.2025. 3. Record reflects that the first petitioner claims to be Secretary of the Society created to maintain and upkeep the temple situated at Village and Post Ahirauli, Tehsil Salempur, District Deoria (second petitioner). The National Highway Authority of India had issued a notification under Section 3A of the National Highways Act, 1956 (in short, Act, 1956) for acquisition of 1.5819 hectare land including petitioners' land Gata No.886 area 0.4210 hectare and Gata No.887 area 0.4986 situated in Village Ahirauli, Pargana Salempur Majhauli, District Deoria on 04.09.2023 for purposes of widening National Highways No.727B (Salempur Bye Pass). The respondent no.4 had determined the compensation amount payable to the petitioners and other tenure holders and passed the award on 15.02.2024. The amount toward the compensation in lieu of the acquired land had been fixed at Rs.3,75,22,068/-. Later on, the respondent no.4 had issued a notice under Section 3E of the Act, 1956 asking the petitioners to appear before him on 25.08.2024 alongwith all requisite papers for receiving the compensation, failing which the compensation amount will be deposited in the recurring deposit. In compliance of the said notice, the petitioners submitted all required papers but they have not been paid the compensation and the same has been deposited in the recurring deposit account. Despite having submitted representations dated 28.12.2024, 15.02.2025 and 11.03.2025, no compensation has been paid to the petitioners till date. 4. Shri Fuzail Ahmad Ansari, learned Standing Counsel has placed detailed instructions sent by the District Magistrate, Deoria, which have been taken on record. On the strength of averment mentioned in the instructions, he submits that adequate compensation qua Gata No.886/area 0.4210 hectare has been ensured in favour of stake holders. So far as Gata No.887/area 0.4986 hectare is concerned, as there is dispute and a restoration application is pending before the Tehsildar (Judicial), Salempur, Deoria, the compensation has not been disbursed. He submits that only after deciding the said case, the Authority would be in a position to disburse the compensation to the stakeholders in lieu of the award dated 15.02.2024. 5. Considering the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping the writ petition pending. Accordingly, with the consent of the parties, the writ petition is disposed of with a direction to the authority concerned to decide the said restoration application expeditiously. Suffice to indicate that as the first petitioner claims to be Secretary of the Society, in case the rights are crystalised in favour of the petitioners, it is expected that the compensation, which is to be released, may be utilised keeping in mind the aim and object of the Society. Order Date :- 10.7.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad