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2025 DAILYLAW 74059 (ALL)

SHRI YAMUNA SINGH v. UNION OF INDIA AND 2 OTHERS

WRIC/22354/2025 · 2025-08-04

Mahesh Chandra Tripathi, Prashant Kumar

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Judgment text

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Neutral Citation No. - 2025:AHC:131972-DB Court No. - 29 Case :- WRIT - C No. - 22354 of 2025 Petitioner :- Shri Yamuna Singh Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Narayan Dutt Shukla,Rituvendra Singh Nagvanshi,Sr. Advocate Counsel for Respondent :- A.S.G.I.,C.S.C.,Mahendra Pratap,Paras Nath Rai,Tanisha Jahangir Monir Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Shri Rituvendra Singh, learned counsel for the petitioner, Shri Devesh Vikaram, learned Additional Chief Standing Counsel for the State- respondent, Ms. Tanisha Jahangir Monir, learned counsel appearing for the National Highway Authority of India, Shri Paras Nath Rai, learned counsel for the Union of India. 2. The present writ petition is preferred inter-alia for the following reliefs:- "I. Issue a writ order or direction in the nature of mandamus directing the respondents to pay the compensation to the petitioner in respect of plot no. 84 area 0.359 hectare situated in village Rasoolpur, Tappa Khutahan, Pargana Haveli, Tehsil Sadar, District Gorakhpur acquired for construction of bypass road by the National Highway Authority of India." 3. Factual aspect of the matter is that one Smt. Bhanmati was bhumidhar of Plot No. 84 situated in village Rasoolpur, Tappa Khutahan, Pargana Haveli, Tehsil Sadar, District Gorakhpur, who granted a will in favour of the petitioner on 25.12.1988. Thereafter, petitioner moved an application under Rule 109 A for recording his name in revenue record, which was allowed by the Consolidation Officer and name of petitioner was recorded in revenue record. Claim of the petitioner is that National Highway Authority of India (in short "N.H.A.I.) acquired the land of petitioner but till date the Special Land Acquisition Officer did not release the compensation in favour of the petitioner. 4. Learned counsel for the petitioner states that admittedly the petitioner's holding has been utilized by the N.H.A.I. for construction of bypass and till date compensation that was awarded by N.H.A.I. has not been disbursed by Special land Acquisition Officer, Gorakhpur. He submits that as the proceedings which was pending before the Deputy Director of Consolidation has been decided vide order dated 27-01-2011 passed in Revision No. 164, under section 48 of the U.P. Consolidation and Holdings Act, (Bhanmati vs. Yamuna Singh), which is appended as Annexure No. 3., at present, there is no such impediment to release the amount of compensation in favour of the petitioner. 5. Ms. Tanisha Jahagir Monir, learned counsel appearing for the N.H.A.I. placed detailed instruction sent by the Project Director, N.H.A.I., PIU, Gorakhpur, indicating therein, petitioner holding i.e. gata No. 84 situated in village Rassolpur, Tappa- Khutahan Tehsil Sadar had been utilized. The awarded compensation of amount of Rs. 20,52,59,206/- had been prepared by CALA/ Special Land Acquisition Officer, (in short 'SLAO') Gorakhpur on 21-07-2023 and the same has been deposited by the N.H.A.I. vide Letter No. 1444 of 10-11-2023, which is brought on record with the detailed instruction. 6. Considering the factual situation, as it is pressed before us that there is no other impediment, we find that the grievance of the petitioner may be redressed by the SLAO. Needless to say, in case there is no other impediment, the amount may be released in accordance with law. 7. In view of above, the instant writ petition is, accordingly, disposed of. Order Date :- 5.8.2025 Bhanu (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad