Disposed

Basant Maheshwari v. Union of India and 3 Others

Allahabad HC2 Feb 2021WRIC/27561/2020

Case brief

AI extract

What is this about?

This writ petition seeks directions to release compensation for land acquired under the National Highways Act. The Court directed the release of the undisputed amount within six weeks, noting that the government intends to challenge the acquisition award separately in arbitration.

What did the court decide?

The respondents directed to release the undisputed compensation amount within six weeks of receiving the order.

Basant Maheshwari Vs Union of India and 3 Others — Specific Performance | Allahabad HC (2021)

¶1

Court No. - 21

¶2

Case :- WRIT - C No. - 27561 of 2020 Petitioner :- Basant Maheshwari Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Suresh Chandra Verma,Devesh Kumar Verma Counsel for Respondent :- A.S.G.I.,Anupam Kumar,C.S.C.,Neeraj Dube

¶3

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.

¶4

Heard Shri Devesh Kumar Verma, learned counsel for the petitioner; Shri Neeraj Dubey, learned counsel for the respondent no.2/National Highways Authority of India and Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for respondent nos.3 and 4.

¶5

The petitioner is before this Court with request to issue direction to the respondents to pay the amount of compensation determined under the award dated 20.8.2020 in respect of the land of plot no.29 area 0.0557 hectare situated in Village Bhawanipur, Tehsil Bilhaur, District Kanpur Nagar acquired vide notification dated 18.7.2018 issued under Section 3A of National Highway Act, 1956.

¶6

The matter was taken up on 20.1.2021 and on the said date, the Court had asked to learned Additional Chief Standing Counsel and the counsel representing the National Highway Authority of India to seek necessary instructions in the matter.

¶7

When the matter is taken up today, Shri Neeraj Dube, learned counsel for the respondent no.2 has placed the instruction and while placing the instruction dated 29.1.2021, the Project Director, National Highways Authority of India has informed that the competent authority has taken a decision to assail the validity of the award dated 20.8.2020 under Section 3H (5) of the National Highways Act, 1956 before the Arbitration Court. So far as the disbursement of the undisputed amount is concerned, the permission has already been accorded to the Special Land Acquisition Officer for disbursement of the same.

¶8

Confronted with this situation, learned counsel for the petitioner states that so far as the disbursement of the undisputed amount is concerned, the same may be released forthwith. In case the National Highways Authority of India is inclined to assail the validity of the award before the Arbitration Court, then definitely the same would be contested by the petitioner.

¶9

In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the

¶10

case, this writ petition is disposed of finally with a direction to the respondents to release the undisputed amount within a period of six weeks from the date of production of a copy of this order before him, in case there is no impediment in the matter.

¶11

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

¶12

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶13

Order Date :- 2.2.2021 RKP

Basant Maheshwari v. Union of India and 3 Others

Case brief

What is this about?

What did the court decide?

Basant Maheshwari v. Union of India and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S S.K. Associates and Another Vs State of U P and 5 Others

Shri Pushpendra Singh and Another Vs Ganpati Infrastructure Development Co. Ltd. and 3 Others

Anju Sharma Vs Gaurav Sharma

Jitendra Kumar Maurya Vs Smt. Moni Maurya

Shravan Kumar and 3 Others Vs State of U.P. and 4 Others

Pushpa Tiwari Vs State of U.P. and 2 Others