MANARA DEVI v. EXECUTIVE ENGINEER, NATIONAL HIGHWAY KHAND AND ANOTHER
WRIC/33253/2025 · 2025-09-21
Anish Kumar Gupta, Mahesh Chandra Tripathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 99135 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 99135 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33253 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Shri Sunil Kumar Singh, learned counsel for the petitioner; Shri Devesh Vikram, learned Additional Chief Standing Counsel appearing for the State respondents, and Shri R.K. Jaiswal, learned counsel for the respondent no. 1/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 to the petitioner in respect of Gata no. 374 area 0.156 hectare situated at Village Kandhiya, P.O. Amawa Khurd, District Sant Ravidas Nagar as per Section 21, 28 and 25 of the Right to Fair Compensation and Resettlement Act 2013 (in short the 'Act 2013').
3. Learned counsel for the petitioner submits 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 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, Versus Counsel for Petitioner(s) : Ram Dutt Mishra, Sunil Kumar Singh Counsel for Respondent(s) : A.S.G.I., C.S.C., Rajesh Kumar Jaiswal Manara Devi .....Petitioner(s) Executive Engineer, National Highway Khand And Another .....Respondent(s)
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 Additional Chief 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 22, 2025 A.K.Srivastava WRIC No. 33253 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad