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2025 DAILYLAW 80314 (ALL)

RAJKUMAR VERMA v. NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANOTHER

WRIC/25264/2025 · 2025-07-30

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128504-DB Court No. - 29 Case :- WRIT - C No. - 25264 of 2025 Petitioner :- Rajkumar Verma Respondent :- National Highway Authority Of India And Another Counsel for Petitioner :- Geetam Singh Counsel for Respondent :- Anurag Yadav Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Mr. Geetam Singh, learned counsel for the petitioner and learned counsel for National Highway Authority of India- respondent no.1. 2. By means of the instant petition, petitioner has prayed for following principal reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari, quashing the impugned award dated 25.02.2025 passed by competent authority/Additional District Magistrate (Administration), Aligarh as well as land acquisition proceedings qua the petitioner's land under the National HIghways Act. (ii) Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondents not to interfere in the peaceful possession of the petitioner upon the land. (iii) Issue a writ, order or direction in the nature of mandamus, commanding and direction the respondents not to demolish the construction upon the land belonging to the petitioner." 3. At the very outset, learned counsel for the contesting- respondents has vehemently resisted the relief as has been prayed for by the petitioners with three fold submissions; (i) the National Highway Act, 1956 (hereinafter referred to as the "Act, 1956") is a self-contained Act, wherein, every measures have been provided to ventilate the grievance of the petitioners raised herein, (ii) the adequate compensation has already been fixed by the Prescribed Authority/competent authority in accordance with law and (iii) in case, the petitioners are aggrieved qua the quantum of the compensation accorded in their favour, they have an efficacious alternative remedy under the provisions enshrined in 3G(5) of the Act, 1956 to approach the Arbitrator for redressal of their grievances. 4. Considering the objections so raised by learned counsel for the contesting-respondents, we are not inclined to quash the impugned order. However, in case, the petitioners approach before the Arbitrator/District Magistrate concerned under Section 3G(5) of the Act, 1956 within a period of two weeks' from today, we hope and trust, that the same shall be decided strictly in accordance with law ignoring the delay and laches, if any, after affording hearing to all the stake holders. 5. With the aforesaid observations, the instant petition stands disposed of. Order Date :- 31.7.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad