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2025 DAILYLAW 94847 (ALL)

GHANSHYAM PRAJAPATI v. EXECUTIVE ENGINEER NATIONAL HIGHWAY KHAND AND ANOTHER

WRIC/31968/2025 · 2025-09-14

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31968 of 2025 Court No. - 29 (SL No.9) HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Shri Sunil Kumar Singh, learned counsel for the petitioner; Shri Ambrish Shukla, learned Additional Chief Standing Counsel appearing for the State respondents, and Shri R.K. Jaiswal, learned counsel for NHAI. 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 situated at Village- Kandhiya, P.O.- Amawa Khurd, District- Sant Ravidas Nagar, Bhadohi as per Sections 21, 25, 28 and 31 of the Right to Fair Compensation and Resettlement Act 2013 (in short the 'Act 2013'). 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 also be disposed of in similar terms. 4. 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 Versus Counsel for Petitioner(s) : Ram Dutt Mishra, Sunil Kumar Singh Counsel for Respondent(s) : A.S.G.I., C.S.C. Ghanshyam Prajapati .....Petitioner(s) Executive Engineer National Highway Khand And Another .....Respondent(s) 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." 5. So far as factual and legal aspect, the same is not disputed by learned Standing Counsel and learned counsel for NHAI. 6. 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). September 15, 2025 Shubham Arya WRIC No. 31968 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad