RADHA MOHAN AND 2 OTHERS v. PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY AND 3 OTHERS
WRIC/27275/2025 · 2025-08-20
Kshitij Shailendra, Mahesh Chandra Tripathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85987 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85987 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:143539-DB Court No. - 29 Case :- WRIT - C No. - 27275 of 2025 Petitioner :- Radha Mohan And 2 Others Respondent :- Project Director, National Highways Authority And 3 Others Counsel for Petitioner :- Sharad Kumar Srivastava Counsel for Respondent :- Anurag Yadav,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Kshitij Shailendra,J.
1. Heard Mr. Sharad Kumar Srivastava, learned counsel for the petitioners, Mr. Devesh Vikram Singh, learned Additional Chief Standing Counsel for the State-respondents, Mr. Devendra Kumar,
learned counsel for the respondent No.4 and perused the material brought on the record.
2. This writ petition under Article 226 of the Constitution of India, has inter-alia following with principal reliefs:-
"(i) Issue a writ order or direction in the nature of 'Mandamus' directing to the Respondents not to acquire extra lands of the petitioners from their lands gata No. 540, 541, 549, 550 and 551 without giving proper opportunity of hearing to the petitioners. (ii) Issue a writ order or direction in the nature of 'Mandamus' directing to the Respondents not to raise any construction or any other work relating to road construction upon the extra land of the petitioners which has been illegally acquired and no compensation has yet been paid. (iii) Issue a writ order or direction in the nature of 'Mandamus' directing to the Respondents to pay compensation to the petitioners upon the present circle rate."
3. Learned counsel for the petitioners submits that the land in question has been acquired by the respondent-Authority without
due process of acquisition and even the compensation has not been given to them for acquisition of land. Learned counsel for the petitioners, in this backdrop submits, that claim of the petitioners is to be redressed by taking note to the Government Order dated 12.05.2016 by the District Level Committee.
4. Confronted with the above situation, Mr. Devesh Vikram Singh, learned Additional Chief Standing Counsel for the State- respondents very fairly conceded the fact that if the claim as has been set up by the petitioners herein comes within the ambit/scope of Government Order dated 12.05.2016, definitely the same shall be redressed by the District Level Committee.
5. Accordingly, we dispose of the instant petition with liberty to the petitioners to make fresh representation along with true attested copy of the instant order before respondent no.3 within two weeks. In the event, such representation is made, respondent no.3 will transmit the same to the Chairperson of the Committee for being decided in terms of Government Order dated 12.05.2016 by the Committee within next two months after proper survey and opportunity of hearing to the petitioners and all stake holders in the matter.
Order Date :- 21.8.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad