RAM RAJ PRAJAPATI v. EXECUTIVE ENGINEER, NATIONAL AND ANOTHER
WRIC/24975/2025 · 2025-08-12
Mahesh Chandra Tripathi, Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79955 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79955 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:137969-DB Court No. - 29 Case :- WRIT - C No. - 24975 of 2025 Petitioner :- Ram Raj Prajapati Respondent :- Executive Engineer, National And Another Counsel for Petitioner :- Ram Dutt Mishra,Sunil Kumar Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Rajesh Kumar Jaiswal Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard Shri Sunil Kumar Singh, learned counsel for the petitioner; Ms. Uttara Bahuguna, learned Addl. Chief Standing Counsel for State respondent and Shri R.K. Jaiswal, learned counsel for respondent no.1.
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.374 of the petitioner situated at Village Kandhiya, P.O. Amawa Khurd, District Sant Ravidas Nagar, Bhadohi 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 may also be disposed of in similar terms. 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."
4. So far as factual and legal aspect is concerned, the same could
not be disputed by learned counsel for the respondents.
5. 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 :- 13.8.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad