ARVIND CHAUHAN v. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAY AND 5 OTHERS
WRIC/1075/2025 · 2025-02-10
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7172 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7172 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19413-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.56) Court No. - 21 Case :- WRIT - C No. - 1075 of 2025 Petitioner :- Arvind Chauhan Respondent :- Union Of India Through Secretary, Ministry Of Road Transport And Highway And 5 Others Counsel for Petitioner :- Pawan Kumar Shukla Counsel for Respondent :- A.S.G.I.,C.S.C.,Paras Nath Rai,Pawan Kumar Shukla Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The case of the petitioner is that his share in the acquired land and house has been wrongly determined by the competent authority under the provisions of the National Highways Act, 1956. According to the petitioner, the Authority has wrongly shown Keshav and Deepak as having equal shares whereas the petitioner along with Keshav, Deepak and two other have one fifth share each.
2. In paragraph-4 of the writ petition, it is stated that Deepak Kumar had died and is survived by various heirs but who have not been impleaded. Moreover, the dispute relates to apportionment and therefore, the remedy of the petitioner would be under Section 3H(4) of the National Highways Act, 1956.
3. Consequently, we dispose of the instant petition with liberty to the petitioner to avail the said remedy, if so advised. No purpose would be served in directing respondent no.3 to decide the application whereby the petitioner is seeking to dispute the share determined by the Authorities.
4. Sri Paras Nath Rai, Senior Central Government Standing Counsel for respondents no.1 and 2 is present. Order Date :- 10.2.2025 Ashish Pd. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad