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2025 DAILYLAW 73091 (ALL)

GANESH PRASAD MISHRA v. EXECUTIVE ENGINEER, NATIONAL HIGHWAY KHAND, PUBLIC WORKS DEPARTMENT VARANASI AND ANOTHER

WRIC/21697/2025 · 2025-07-09

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109544-DB Court No. - 29 Case :- WRIT - C No. - 21697 of 2025 Petitioner :- Ganesh Prasad Mishra Respondent :- Executive Engineer, National Highway Khand, Public Works Department Varanasi And Another Counsel for Petitioner :- Ram Dutt Mishra,Sunil Kumar Singh Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard Shri Sunil Kumar Singh, learned counsel for the petitioner; Shri Fuzail Ahmad Ansari, learned Standing Counsel appearing for the State respondents, and Shri R.K. Jaiswal, learned counsel for NHAI. 2. The instant writ petition has been preferred for a direction commanding the respondents to pass the rehabilitation and resettlement award and its monetary benefits of the petitioner in respect of Gata no.189 area 0.020 hectare, Gata no.330 area 0.0380 hectare and Gata no.206 area 0.035 hectare situated at Village Kandhiya, P.O. Amawa Khurd, District Sant Ravidas Nagar acquired for extension of National Highway No.731B, as per Section 21, 28 and 25 of the Right to Fair Compensation and Resettlement Act 2013 (in short the 'Act 2003'). 3. Learned counsel for the petitioner apprises the Court that the controversy in hand is squarely covered by the judgment dated 30.07.2024 passed in Writ-C No.24410 of 2024 (Dharmendra Kumar Prajapati v. Union of India & Ors.) and the instant writ petition also be disposed of in similar terms. 4. For ready reference, the operative portion of the order dated 30.07.2024 is quoted as under:- "6. In view of above, the instant petition stands disposed of with direction to the Competent Authority under National Highways Act, 1956 to proceed with the exercise of examining the claims pertaining to rehabilitation and resettlement and declare award on the said aspect having regard to the provisions of Chapter V of the Act, 2013 within twelve weeks from the date of the communication of the instant order." 5. So far as factual and legal aspect, the same is not disputed by learned Standing Counsel and learned counsel for NHAI. 6. Considering the facts and circumstances of the case, we are of the opinion that similar indulgence is liable to be accorded in the instant matter also. The present writ petition is disposed of in the same terms as have been given in Dharmendra Kumar Prajapati (Supra). Order Date :- 10.7.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad