Neutral Citation No. - 2025:AHC:87936-DB Court No. - 21 Case :- WRIT - C No. - 16717 of 2025 Petitioner :- Rajesh Kumar And Another Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Shiv Kant Mishra Counsel for Respondent :- A.S.G.I.,Anurag Yadav,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Shri R.K. Jaiswal, Advocate has filed his power on behalf of respondent No.1. 2. The petitioners have called in question a notice dated 25.04.2025 by which they have been called upon by the Competent Authority, Land Acquisition, Pilibhit to return the amount paid to them towards the superstructure existing over the acquired land under the provisions of National Highways Act in pursuance of award dated 14.08.2023. The order records that the petitioners have failed to deliver possession of the superstructure as per the valuation report. Hence, recovery has been ordered. 3. Learned counsel for the petitioners submits that the petitioners were paid compensation as per award by the Competent Authority for land and superstructure. He submits that the impugned order is absolutely vague and does not clearly indicate any reason for the recovery. He further submits that the petitioners have duly replied to the notice dated 06.11.2024 issued to them before issuance of the impugned order. However, their reply sent by registered post on 16.11.2024 has not been considered. 4. The order states that the petitioners were paid compensation for superstructure but even thereafter they have failed to deliver possession of the superstructure. The reply submitted by the petitioners has not been considered. The order also does not record that how the superstructure existing over the acquired land does not match with the valuation report. In such circumstances, the impugned order is quashed. The matter is remitted to respondent no. 3 for passing a fresh order taking into consideration the reply of petitioners sent by registered post on 16.11.2024, after providing opportunity of hearing to the petitioners. 5. The order has been passed in presence of Shri R.K. Jaiswal, counsel for respondent No. 1 and Shri Anurag Yadav, counsel for NHAI. Order Date :- 23.5.2025 Mukesh Kr. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad