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2025 DAILYLAW 65121 (ALL)

ABID v. UNION OF INDIA AND 3 OTHERS

WRIC/20872/2025 · 2025-07-13

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112930-DB Court No. - 29 Case :- WRIT - C No. - 20872 of 2025 Petitioner :- Abid Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Krishna Kant Mishra,Shiv Kant Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard Sri Shiv Kant Mishra, learned counsel for the petitioner; Shri Vaibhav Tripathi, learned counsel for Union of India; Shri Ambrish Shukla, learned Addl. Chief Standing Counsel for State respondent and Shri Pranjal Mehrotra, learned counsel for National Highway Authority of India (in short "N.H.A.I.). 2. The instant petition has been filed praying for a writ of mandamus commanding the respondents to pay compensation to the petitioner in pursuance of award dated 17.05.2022 declared by the Competent Authority/ Special Land Acquisition Officer (Joint Organisation) Saharanpur in respect of land bearing Gata No.456 area 0.0520 hect. i.e. 520 sq. meter of Revenue Village- Fatehchandpur, Tehsil Nakud, Distt. Saharanpur. 3. It is not disputed that the aforesaid land was acquired by N.H.A.I. under the provisions of the National Highways Act, 1956 and an award was declared by Competent Authority on 17.05.2022 whereunder the petitioner is entitled to compensation for the acquired land. Since the said amount has not been paid so far, hence the instant petition. It is admitted that the award passed by the competent authority qua the petitioner has not been challenged before any forum and it has attained finality. 4. Learned counsel appearing on behalf of N.H.A.I. submits that because of shortage of funds, the same could not be made available to the Competent Authority so far resulting in delay in payment of compensation to the petitioner. He submits that the needful would be done within four weeks. 5. Having regard to the said statement, we dispose of the instant petition by providing that, if there is no other impediment, N.H.A.I. would make available requisite funds to competent authority positively within four weeks and within next three weeks compensation amount would be disbursed to the petitioner after getting the necessary formalities completed. Order Date :- 14.7.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad