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2025 DAILYLAW 94636 (ALL)

MOTILAL KUSHWAHA v. NATIONAL HIGHWAYS AUTHORITY OF INDIA AND 2 OTHERS

WRIC/31562/2025 · 2025-09-16

Anish Kumar Gupta, Mahesh Chandra Tripathi

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31562 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Shri Ajad Singh, learned counsel for the petitioner; Ms. Uttara Bahuguna, learned Addl. Chief Standing Counsel for State respondents and Shri Vaibhav Tripathi, learned counsel for National Highways Authority of India (in short "NHAI"). 2. The instant writ petition has been preferred for a direction to respondents to pay compensation to the petitioner for the land having area 0.0675 hect. situated at Gata No.1113, Rakba 0.8060 hect., Village Bhingari Tappa Haveli, Pargana Salempur Majholi, Tehsil Bhatparrani, Distt. Deoria, acquired by NHAI for the widening of National Highway 727B (Tamkuhiraj Ralempur Marg) within the stipulated period. 3. It is contended that the petitioner is owner of Gata No.1113, Rakba o.8060 hect., Village Bhingari Tappa Haveli, Pargana Salempur Majholi, Tehsil Bhatparrani, Distt. Deoria. For the widening of National Highway 727B (Tamkuhiraj-Ralempur marg), NHAI had acquired the aforesaid land of the petitioner and the respondent no.3 vide letter dated 8.2.2024 had directed the petitioner to collect the compensation for the land acquired by the NHAI. It is alleged that though the entire land of the petitioner had been acquired but he had received compensation only for 0.0025 hect. In this regard, the petitioner had made an application to respondent no.3-District Magistrate/ Collector, Deoria on 27.1.2025. On the said application, the Tehsildar was directed to submit report. On the direction of respondent no.3, the Kanungo and Lekhpal had submitted report on 19.3.2025 (Annexure No.4 to the writ Versus Counsel for Petitioner(s) : Ajad Singh, Amritesh Pandey Counsel for Respondent(s) : C.S.C., Vaibhav Tripathi Motilal Kushwaha .....Petitioner(s) National Highways Authority Of India And 2 Others .....Respondent(s) petition), whereby it had been admitted that additional land of the petitioner was acquired but no compensation was paid to him. Thereafter, the petitioner has made several representations to the Authority concerned but no action has been taken as yet. 4. Learned counsel for NHAI, on the instructions, states that adequate compensation for the acquired area of the petitioner had already been deposited in the account of the Special Land Acquisition Officer and the petitioner has also acknowledged that the same has been disbursed to him. He submits that no cause of action survives in the instant matter and the same is liable to be dismissed. 5. Learned Addl. Chief Standing Counsel submits that, at this stage, she is not in a position to dispute the report dated 19.3.2025 submitted by the revenue officials. She submits that some time may be accorded to get appropriate instructions in the matter whether the alleged claim set up by the petitioner is sustainable or not. She further informs to the Court that for redressal of grievance of tenure holders, claiming certain right/title over their land, the State Government had issued detailed Government Order dated 12.05.2016, which provides that in case the claimant files claim supported with requisite documents, the same would be considered by the District Level Committee for ensuring adequate compensation in the light of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. She submits that once the efficacious remedy is available to the petitioner, the matter should be relegated to the District Level Committee, which may examine the claim of petitioner within a reasonable time and submit its report to the Chairman/District Magistrate, who may accord adequate compensation accordingly. 6. Considering the facts and circumstances of the case and the relief prayed in the instant matter, we dispose of the instant petition with liberty to the petitioner to make fresh representation along with certified copy of the instant order before District Level Committee constituted under the Government Order dated 12.05.2016 within two weeks. In the event, such representation is made, the District Level Committee shall consider the claim of the petitioner and ensure that the proceeding shall be finalised WRIC No. 31562 of 2025 2 expeditiously, preferably within twelve weeks, thereafter but certainly after giving opportunity to all the stake holders in the matter. September 17, 2025 SP/ WRIC No. 31562 of 2025 3 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad