Pappu vs Executive Engineer, National Highway Khand and Another — Allahabad HC (2025) — LawSathi Research

Pappu vs Executive Engineer, National Highway Khand and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of in the same terms as Dharmendra Kumar Prajapati (Writ-C No. 24410 of 2024, decided 30.07.2024): the Competent Authority under the National Highways Act, 1956 is to examine the petitioner's rehabilitation and resettlement claims and declare the R&R award with monetary benefits having regard to Chapter V of the Act, 2013 within twelve weeks of communication of the order; the Project Director, NHAI Varanasi was impleaded as a necessary party.

Issue for consideration

Whether the respondents are to be commanded, by way of mandamus, to pass the rehabilitation and resettlement award with its monetary benefits for the petitioner's acquired land (Arazi No. 1, Village Loharadeeh, Pargana-Kaswar Raja, Tehsil-Rajatalab, District Varanasi) under Sections 21, 28 and 25, and Section 31 with Schedule II monetary benefits, of the RDCTLARR/RFCTLARR Act, 2013. +1 more

Court's answer

By disposing of the petition in the same terms as the relied-upon order, the Court's operative direction is that the Competent Authority under the National Highways Act, 1956 examine the rehabilitation and resettlement claims and declare the award having regard to Chapter V of the Act, 2013 within twelve weeks of communication of the order.

Ratio / Principle

With the factual and legal aspects not disputed by the Standing Counsel or NHAI's counsel, and finding the matter squarely covered by the Court's judgment of 30.07.2024 in Dharmendra Kumar Prajapati (Writ-C No. 24410 of 2024), the Bench held that similar indulgence was liable to be accorded and disposed of the present writ petition in the same terms as that earlier judgment.

Detailed headnote1 paragraphs

Allahabad High Court (Mahesh Chandra Tripathi and Kunal Ravi Singh, JJ.; decided 18 November 2025) in Writ-C No. 40199 of 2025 — Pappu v. Executive Engineer, National Highway Khand and Another — disposed of the petition in the same terms as its earlier judgment dated 30.07.2024 in Writ-C No. 24410 of 2024 (Dharmendra Kumar Prajapati v. Union of India & Ors.), the factual and legal position being undisputed by the State and NHAI. Petitioner had sought a mandamus directing passage of the rehabilitation and resettlement award with monetary benefits for his acquired land at Arazi No. 1, Village Loharadeeh, Tehsil-Rajatalab, District Varanasi, invoking Sections 21, 28, 25 and 31 (Schedule II) of the 2013 land-acquisition R&R legislation (printed in the petition variously as 'RDCTLARR Act, 2013' and 'RFCTLARR Act 2013'). Adopted operative direction: the Competent Authority under the National Highways Act, 1956 to examine the R&R claims and declare the award having regard to Chapter V of the Act, 2013 within twelve weeks of communication of the order. The Project Director, NHAI Varanasi was ordered impleaded as a necessary party during the hearing.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 40199 of 2025

Pappu

.....Petitioner(s)

Versus

Executive Engineer, National Highway Khand And Another

.....Respondent(s)

Counsel for Petitioner(s)	: Rakesh Kumar Singh
Counsel for Respondent(s)	: C.S.C.

Court No. - 29

HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J.

Let the Project Director, National Highway Authority of India, Varanasi be impleaded as necessary party forthwith and notice be also served upon to Sri Vaibhav Tripathi, learned counsel for NHAI.

Heard Sri Rakesh Kumar Singh, learned counsel for the petitioner; Sri Devesh Vikram, learned Additional Chief Standing Counsel appearing for the State respondents, and Shri Vaibhav Tripathi, learned counsel for NHAI.

The instant writ petition has been preferred inter alia for the following relief :

"A) Issue a writ, order or direction in the nature of mandamus commanding the respondents to pass the rehabilitation and resettlement award and its monetary benefits of the petitioner as per Section 21, 28 and 25 of the RDCTLARR Act, 2013 in respect of petitioner relates to Arazi No.1 area (construction) has been acquired situated at Village Loharadeeh, Pargana-Kaswar Raja, Tehsil-Rajatalab, District Varanasi. B) To direct the respondents to pass the R&R award with monetary benefits under Section 31 along with monetary benefits schedule second of second of RFCTLARR Act 2013, if possible with stipulated period of time."

Learned counsel for the petitioner apprises the Court that the controversy in hand is squarely covered by the judgment dated 30.07.2024 passed in Writ-C No.24410 of 2024 (Dharmendra Kumar Prajapati v. Union of India & Ors.) and the instant writ petition also be disposed of in similar terms.

For ready reference, the operative portion of the order dated 30.07.2024 is quoted as under:-

WRIC No. 40199 of 2025

2

"6. In view of above, the instant petition stands disposed of with direction to the Competent Authority under National Highways Act, 1956 to proceed with the exercise of examining the claims pertaining to rehabilitation and resettlement and declare award on the said aspect having regard to the provisions of Chapter V of the Act, 2013 within twelve weeks from the date of the communication of the instant order."

So far as factual and legal aspect, the same is not disputed by learned Standing Counsel and learned counsel for NHAI.

Considering the facts and circumstances of the case, we are of the opinion that similar indulgence is liable to be accorded in the instant matter also. The present writ petition is disposed of in the same terms as have been given in Dharmendra Kumar Prajapati (Supra).

(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) November 18, 2025

Priya

Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad