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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32623 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Sri Mool Chandra, learned counsel for the petitioner, Sri Ambrish Shukla, learned Additional Chief Standing Counsel for State-respondents. Sri Vaibhav Tripathi, learned counsel has accepted notice on behalf of respondent no.2-N.H.A.I.
2. The instant writ petition has been preferred praying inter alia for the following relief:
"1. Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to pay the compensation to the petitioner for teen shed, built upon plot no.930 situated at Village-Mawai, Pargana-Atharvan, Tehsil-Manjhanpur, District-Kaushambi
3. Learned counsel for the petitioner submits that the land in question has been acquired for the road widening and the award has already been passed. In support of his submission, learned counsel for the petitioner has placed reliance on item no.6 and 7 which provides the details of the property in question which has been appended as Annexure-2 to the writ petition and tried to convince the Court of the spot in which there are two handpumps. He submits that so far as super structure is concerned, adequate compensation has not been quantified. At this stage, super structure at the plot in question which has been acquired, adequate compensation is to be disbursed. 4. Sri Ambrish Shukla, learned Additional Chief Standing Counsel for State- Versus Counsel for Petitioner(s) : Mool Chandra Counsel for Respondent(s) : A.S.G.I., C.S.C., Vaibhav Tripathi Rakesh Kumar .....Petitioner(s) Union Of India And 3 Others .....Respondent(s)
respondents has resisted the relief on the order of the Sub Divisional Magistrate, Manjhanpur dated 20.12.2024 wherein it has been indicated that on the spot survey report, only land is affected. So far as super structure is concerned, the same has not been affected in the acquisition. He fairly submits that the said disputed fact can be examined by the District Level Committee in view of the Government Order dated 12.05.2016. 5. 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 petitioners 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 petitioners sand ensure that the proceeding shall be finalized expeditiously, preferably within twelve weeks, thereafter. October 8, 2025 Sumit S WRIC No. 32623 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad