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2025 DAILYLAW 96327 (ALL)

BASANT MAHESHWARI v. UNION OF INDIA AND 3 OTHERS

WRIC/32204/2025 · 2025-09-15

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32204 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard learned counsel for the petitioner; Shri Devesh Vikram, learned Addl. Chief Standing Counsel for State respondents; Shri Pranjal Mehrotra, learned counsel for respondent no.1-Union of India and Shri Santosh Kumar Singh, learned counsel for National Highways Authority of India (in short "NHAI"). 2. The instant writ petition has been preferred for a direction to respondent no.3 to determine and pay the amount of compensation of excess area utilized by the National Highway Authority of India in respect of Plot No.29 situated in Village Bhawanipur, Tehsil Bilhaur, Distt. Kanpur Nagar, which has not been acquired under notification dated 18.08.2018. 3. At the very outset, learned Addl. Chief Standing Counsel informed 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 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He 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 Versus Counsel for Petitioner(s) : Devesh Kumar Verma, Suresh Chandra Verma Counsel for Respondent(s) : A.S.G.I., Akanksha Gaur, C.S.C. Basant Maheshwari .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) submit its report to the Chairman/District Magistrate, who may accord adequate compensation accordingly. 4. 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 true attested 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 expeditiously, preferably within twelve weeks, thereafter. September 16, 2025 SP/ WRIC No. 32204 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad