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2026 DAILYLAW 3899 (ALL)

MANOJ KUMAR v. UNION OF INDIA AND 4 OTHERS

WRIC/17499/2026 · 2026-05-04

Kunal Ravi Singh, Mahesh Chandra Tripathi

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17499 of 2026 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Shri Dinkar Lal, learned counsel holding brief of Shri Anurag Pandey, learned counsel for the petitioner, Shri Fuzail Ahmad Ansari, learned Standing Counsel for the State-respondents, Shri R.K. Jaiswal, learned counsel for the respondent - Union of India, and Shri Vaibhav Tripathi, learned counsel for the respondent - National Highways Authority of India (NHAI). 2. The instant writ petition has been filed praying inter alia for the following relief: "i. Issue writ, order or direction in the nature of mandamus, commanding the Respondents to ensure immediate payment of compensation to the Petitioner for the acquisition of his land, in terms of judgement dated 28.11.2025, passed by Additional District Judge/ Special Judge (S.C.S.T Act) Baghpat, in Civil Misc. Case No. 62/2023, Sumit Kumar Vs. Ran Singh & Others. ii. Issue a writ order or direction in the nature, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. iii. Award cost of the petition to the petitioner." Versus Counsel for Petitioner(s) : Amit Singh, Anurag Pandey Counsel for Respondent(s) : A.S.G.I., C.S.C., Pranjal Mehrotra Manoj Kumar .....Petitioner(s) Union Of India And 4 Others .....Respondent(s) 3. The record reflects that the petitioner is a tenure holder of land in dispute situated at Khasra No. 948 admeasuring 1.3390 hectare and Khasra No. 948/1148 admeasuring 0.0860 hectare in Village Tatiri, Tehsil and District Baghpat. The petitioner had developed the said land into a residential colony by carving out plots and executing sale deeds in favour of various purchasers. Similarly, other tenure holders in the same khasra numbers had also developed their land and sold plots after making proper provisions for roads, common passages and other basic facilities, for which certain portions of land were reserved and not sold. Subsequently, by notifications dated 10.03.2021 and 15.07.2021, part of Khasra No. 948 was acquired for the Delhi-Dehradun Economic Corridor, and later by notification dated 21.08.2023, part of Khasra No. 948/1148 was also acquired for the same purpose by the Ministry of Road Transport. Since many plots had already been sold, compensation was payable to the respective plot owners, whereas disputes arose regarding compensation for land reserved for roads and common utilities, which had not been sold. Further disputes relating to identification of plots and ownership were also raised. 4. Learned counsel for the petitioner submits that the competent authority referred the matter under Section 3H(4) of the National Highways Act, 1956 (hereinafter referred to as 'the Act, 1956'), and the dispute was registered as Civil Misc. No. 62 of 2023 (Sumit Kumar vs. Ransing and others), before the Court of Additional District Judge/Special Judge (SC/ST Act), Baghpat. The said case was finally decided on 28.11.2025, directing payment of compensation for roads and common utility land to the tenure holders according to their shares, and the competent authority was directed to ensure disbursement without delay. However, despite the said order and repeated representations dated 18.02.2026, 20.02.2026, 21.02.2026 and 13.04.2026 made to the competent authority, no action has been taken. Learned counsel for the petitioner has confined the relief to the extent that the application of the petitioner be decided in accordance with law by the respondent No.4 - District Magistrate, Baghpat. 5. Learned counsels for the respondents have no objection to the aforesaid request made by learned counsel for the petitioner regarding expeditious WRIC No. 17499 of 2026 2 disposal of the petitioner' representation. 6. Considering the facts and circumstances of the case and the relief prayed for, without adverting to the merits of the case, and with the consent of the parties, we dispose of with a direction to the respondent No.4 to consider the aforesaid applications/ representations of the petitioner and pass appropriate order, strictly in accordance with law, within six weeks from the date of production of a certified copy of this order, but certainly after giving audience to all the stake holders in the matter, if there is no other impediment. May 5, 2026 NLY WRIC No. 17499 of 2026 3 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad