Partly allowed

Om Prakash and Another v. National Highway Authority of India and 2 Others

Allahabad HC8 Jul 2024WRIC/12853/2024

Case brief

AI extract

What is this about?

Petitioners sought compensation for acquired land at a new circle rate. The court observed the petitioners had not approached the competent authority with requisite documents to claim compensation. The petition was disposed of, granting liberty to approach the competent authority and reserve the right to challenge the award.

What did the court decide?

Petition dismissed; liberty granted to approach competent authority and submit documents for compensation payment; liberty reserved to challenge award.

Om Prakash and Another vs National Highway Authority of… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:109946-DB

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Court No. - 21

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Case :- WRIT - C No. - 12853 of 2024

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Petitioner :- Om Prakash And Another Respondent :- National Highway Authority Of India And 2 Others Counsel for Petitioner :- Atul Kumar Singh,Rishabh Kashyap Counsel for Respondent :- C.S.C.,Surendra Prasad Yadav

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Manish Kumar Nigam,J.

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1. The prayer made in the instant petition is for a direction to the respondents to provide compensation for the acquired land of the petitioners, i.e. Plot No. 514, Village Godhana, Tehsil Chandauli, District Chandauli according to new circle rate with interest to the petitioners.

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The case of the petitioners is that their aforesaid land was acquired by the respondents under the provisions of the National Highways Act, 1956. An award was made on 28.5.2019. According to the petitioners, they have not been paid any compensation so far although they had approached the respondents several times.

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Learned Standing Counsel is in receipt of instructions from the State respondents, according to which, the petitioners were issued notice to approach the office of the competent authority for withdrawing the compensation amount. In fact, copy of the notice has been filed by the petitioners themselves along with the writ petition. The written instructions also mentions that a fresh notice dated 25.6.2024 has been issued to the petitioners asking them to approach the competent authority along with relevant documents to receive their share of compensation in the acquired land. However, the petitioners have not approached the office of the competent authority for the said purpose, nor have submitted the

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required documents. It is also stated that the claim of the petitioners that the subject land was commercial and therefore they should get compensation at commercial rate, is unsustainable in law, as it is not recorded as commercial in any record.

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Counsel for the petitioners fairly states that the petitioners would approach the competent authority with required documents to receive the compensation. He further submits that the petitioners reserve their right to challenge the award in appropriate proceedings for getting the compensation enhanced.

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Accordingly, the petition is disposed of by providing liberty to the petitioners to approach the competent authority and produce the relevant documents to facilitate payment of compensation amount as per the award. Liberty is reserved in favour of the petitioners to challenge the award in independent proceedings, if so advised. The receipt of compensation shall be without prejudice to their right to challenge the award.

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(Manish Kumar Nigam, J.) (Manoj Kumar Gupta, J.)

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Order Date :- 8.7.2024 Jaideep/-

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Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad

Om Prakash and Another v. National Highway Authority of India and 2 Others

Case brief

What is this about?

What did the court decide?

Om Prakash and Another v. National Highway Authority of India and 2 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

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