BHARAT GUPTA v. STATE OF UTTAR PRADESH AND 4 OTHERS
WRIC/13851/2025 · 2025-07-13
Mahesh Chandra Tripathi, Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52260 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52260 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:112546-DB Court No. - 29 Case :- WRIT - C No. - 13851 of 2025 Petitioner :- Bharat Gupta Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Rewti Raman Patel,Umesh Kumar Patel Counsel for Respondent :- Anurag Yadav, C.S.C.,Pranjal Mehrotra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard Shri Rewti Raman Patel, learned counsel for the petitioner, and Shri Anurag Yadav, learned counsel appearing on behalf of the National Highways Authority of India (NHAI), and perused the record. 2. The present writ petition has been filed seeking a direction to the respondents to consider and decide the petitioner's grievances as raised in the representations dated 30.11.2024 and 20.02.2025, regarding the payment of the remaining compensation amount within a stipulated period. A further direction has been sought to respondent no.4 to initiate appropriate legal action in light of the letter dated 08.01.2025 issued by respondent no.3. 3. Learned counsel for the NHAI has placed on record an instruction dated 19.05.2022. The said instruction, based on the information furnished by the Project Manager, NHAI, of the same date, has been communicated to the Sub-Divisional Magistrate, Tehsil Khurja, District Bulandshahr, with respect to Gata No. 33, which forms the subject matter of dispute in the present writ petition. 4. Learned counsel for the petitioner submits that although a
portion of the land in question has already been utilized for the project, the petitioner has not been paid any compensation till date. 5. Upon perusal of the record, including the communication dated 19.05.2022, and considering the factual matrix of the case, this Court finds that issues relating to demarcation and correction of the revenue map are involved in respect of the disputed Gata. Such matters raise disputed questions of fact which cannot be appropriately adjudicated in exercise of the writ jurisdiction under Article 226 of the Constitution of India. 6. However, the petitioner is granted liberty to submit a detailed representation before the District Level Committee constituted in accordance with Government Order dated 12.05.2016, raising all grievances pertaining to the subject land and the alleged non- payment of compensation. 7.
If such a representation is submitted within two weeks from today, the District Level Committee shall consider and decide the same, in accordance with law, after affording an opportunity of hearing to the petitioner and obtaining necessary comments from the Project Manager, NHAI- respondent no.4, preferably within two months from the date of submission of the representation. 8. With the aforesaid observations and directions, the writ petition stands disposed of. Order Date :- 14.7.2025 Anil K. Sharma Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad