ALAUDDIN AND ANOTHER v. UNION OF INDIA AND 12 OTHERS
WRIC/15184/2025 · 2025-05-13
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56193 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56193 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:78675-DB Court No. - 21 Case :- WRIT - C No. - 15184 of 2025 Petitioner :- Alauddin And Another Respondent :- Union Of India And 12 Others Counsel for Petitioner :- Hari Shanker,Sunil Kumar Singh Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. Supplementary affidavit filed today is taken on record.
2. The petitioners have been issued a notice on 7.12.2023 by Competent Authority under Section 3E of the National Highways Act, 1956 to produce evidence and other details to facilitate release of compensation amount to the tune of Rs. 42,97,793/- in terms of an award dated 7.10.2023.
3. The case of the petitioners is that they have supplied the necessary documents, but the compensation amount has not been released in their favour so far, on an objection raised by the Authority itself that the acquired land was transferred by the father of the petitioners to the private respondents. It is submitted that no written order has been passed in this regard so far.
4. Counsel for the petitioners submits that the petitioners have also filed a representation on 17.9.2022, stating that the compensation determined is on lower side, as the land has been treated to be agricultural, whereas it is commercial/abadi.
5. Sri Vaibhav Tripathi, Advocate, has appeared on behalf of respondent nos. 1 and 2 and learned Standing Counsel on behalf of respondent no. 3. It is submitted by them that the dispute relating to enhancement of compensation has to be agitated as per provisions of Section 3G(5) of the National Highways Act, 1956.
In respect of the claim of the petitioners for withdrawal of compensation in pursuance of notice under Section 3E of the Act, it is submitted that the Competent Authority will pass appropriate orders after examining all aspects within such time as may be
directed by this Court.
6. Accordingly, the petition is disposed of with direction to respondent no. 3 to pass a speaking order in respect of release of compensation amount in pursuance of notice under Section 3E dated 7.12.2023 within a period of eight weeks from the date of communication of the instant order, after due notice and opportunity of hearing to all concerned.
7. Liberty is reserved in favour of the petitioners to challenge the award in case the petitioners are not satisfied by the amount awarded. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)
Order Date :- 14.5.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad