Disposed

Mahangoo Chauhan v. Project Director, National Highway and 3 Others

Allahabad HC16 May 2019WRIC/16837/2019

Case brief

AI extract

What is this about?

In a miscellaneous writ petition, the court directed the Additional Collector, Ghazipur, to expeditiously dispose of the petitioner's representation dated 19.9.2018 concerning land compensation under the National Highway Act.

What did the court decide?

Direction to the Additional Collector, Ghazipur (Respondent No. 3) to decide the petitioner's representation dated 19.9.2018 expediently, preferably within four months.

Mahangoo Chauhan Vs Project… — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 21

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Case :- WRIT - C No. - 16837 of 2019

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Petitioner :- Mahangoo Chauhan Respondent :- Project Director, National Highway And 3 Others Counsel for Petitioner :- Awdhesh Narayan Srivastava Counsel for Respondent :- C.S.C.,Ashish Agrawal,Ashok Kumar Pandey

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Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.

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Present petition has been filed for the following relief:-

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"A. Issue a writ, order or direction in the nature of mandamus commanding the Additional Collector/Competent Authority, Ghazipur (respondent no.3) to pay the compensation for acquiring the land Gata No.202 Ga area 0.01288 hectare (approximately 13 aere) as 1/8 share to the petitioner situated in Village Mahuliya Post Deokali, Pargana and Tehsil-Saidpur, District Ghazipur.

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B. Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to pay the amount of compensation for acquiring the land in dispute gata no.202 Ga area 0.01288 hectare (approximately 13 aere) after deducting the excess amount of Rs.8 lacs earlier wrongly transferred in the account (bank of the petitioner) forthwith.

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C. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to decide the representation filed by the petitioner on 19.9.2018 (Annexure No.4 to the writ petition) with speaking and reasoned order expeditiously as far as possible within stipulated period"

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Petitioner who is the owner of bhumidhar of Gata No.202Ga measuring 0.1030 hectare and plot no.163, 164 and 165 situated in village Mahuliya, Post Deokali, Pargana and Tehsil-Saidpur, District Ghaziabad.

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Land was acquired by the National Highway Authority under the National Highway Act, 1956 after making publication under Section 3-A of the Act. Notice under Section 3-E of the Act was issued by respondent no.3 on 18.4.2017 to petitioner as well as other persons of the said village for payment of compensation. Petitioner along with other co-sharer were called upon to furnish documents so that payment can be made by the Authorities concerned. Petitioner on 21.5.2018 filed a representation before respondent no.3 in regard to the payment of compensation for Gata No.202Ga measuring 0.1030 hectare.

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According to petitioner, as the Authorities kept the matter pending, he again

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filed a representation on 19.9.2018 by registered post for payment of compensation of his 1/8 share in Gata No.202Ga. Due to some mistake, on the part of respondent, the amount of compensation to the tune of Rs.39,42,171/was transmitted into the Bank account of petitioner, while the compensation of Rs.19,71,086/- was transferred in the account of one Rajendra son of Vishwanath. The said amount so transferred into the account of Rajendra son of Vishwanath was to be paid to petitioner as compensation and the amount transferred into the account of petitioner was to be paid to Rajendra.

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The Bank recovered Rs.9,75,000/- from the account of petitioner on 29.11.2017, while petitioner himself deposited Rs.1,96,000/- to the Bank on 30.12.2017, thus petitioner has returned Rs.11,71,085 and the excess amount which is with the petitioner is Rs.8,00,000/-.

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Grievance of petitioner is that the excess amount so paid to him be adjusted towards the payment of compensation of plot no.202Ga in which he is having 1/8 share.

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Having heard learned Counsel for petitioner, learned Standing for respondent nos.1,2,3, Sri Pranjal Mehrotra, learned Counsel for respondent no.4 and perusing the records of the case, the sole prayer pressed by learned Counsel for petitioner is for a direction to respondent no.3 to decide his representation pending consideration dated 19.9.2018. As no useful purpose will be served by keeping the matter pending, as such, we direct respondent no.3 to decide the representation of the petitioner in accordance with law, expeditiously, preferably within a period of four months from the date of production of certified copy of this order.

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Writ petition stands disposed of.

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Order Date :- 16.5.2019 S. Singh

Mahangoo Chauhan v. Project Director, National Highway and 3 Others

Case brief

What is this about?

What did the court decide?

Mahangoo Chauhan v. Project Director, National Highway and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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