Dismissed
Santosh Kumar and Another v. National Highway Authority of India and 2 Others
Allahabad HCWRIC/26649/2020
Case brief
from the order text
What is this about?
Case :- WRIT - C No. - 26649 of 2020…
What the court decided
AI extract
Case :- WRIT - C No. - 26649 of 2020…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 9
Case :- WRIT - C No. - 26649 of 2020
Petitioner :- Santosh Kumar And Another Respondent :- National Highway Authority Of India And 2 Others Counsel for Petitioner :- Kapoor Chandra Vishwakarma,Ankur Vishwakarma Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners. Shri Raghav Dwivedi, learned counsel appears for the respondent no. 1- National Highways Authority of India.
It is submitted by the learned counsel for the petitioners that inadvertently wrong submission has been made in paragraph nos. 8, 9 and 10 of the petition which is in the following term:
" 8. That it is relevant to mention here that the competent authority ADM (F/R) Ghazipur Respondent No. 3 paid the compensation of the above mentioned holdings of the petitioners.
9. That It is submitted here that after paying the compensation, National High Way Authority started the constructions of the Road. During the constructions petitioners came to known that authority concern is constructing the Road on the plots of the petitioners which have not notified by the said notification.
10. That it is further submitted here that the petitioners made an objection before the competent authority that they can not under the law utilized the land of the petitioners which have neither being notified nor their compensation has been paid to the petitioners as such they asked to stopped the work. The competent authority assured to the petitioners that they will be paid compensation for their land, which has been taken in excess to the Notification very soon. They should not hamper the construction work."
It is urged that it was never the intention of the petitioners to make a statement that they have been paid compensation in view of the land acquired for the purpose of the construction.
Be that as it may, it is submitted by the learned counsel for the petitioners that he may be permitted to withdraw this petition with liberty to file a duly constituted fresh petition.
Prayer allowed.
Petition stands dismissed as withdrawn with the said liberty.
Order Date :- 18.1.2021 A. V. Singh
(Jayant Banerji, J.) (Sanjay Yadav, J.)
Santosh Kumar
National Highway Authority of India
Sanjay Yadav
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court