[go: up one dir, main page]
Scribd
Upload
18 views2 pages

Wric (L) 574 2025

The court has ordered the exchange of pleadings in a case concerning compensation for land acquired from the petitioners, who have tenancy rights. The National Highways Authority of India (NHAI) claims part of the land is Gram Sabha land, but the court questions how they determined which land was utilized. The court has instructed revenue authorities to physically divide the land to clarify its usage and will reconvene in three months to review the findings.

Uploaded by

Mr. YT
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
18 views2 pages

Wric (L) 574 2025

The court has ordered the exchange of pleadings in a case concerning compensation for land acquired from the petitioners, who have tenancy rights. The National Highways Authority of India (NHAI) claims part of the land is Gram Sabha land, but the court questions how they determined which land was utilized. The court has instructed revenue authorities to physically divide the land to clarify its usage and will reconvene in three months to review the findings.

Uploaded by

Mr. YT
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 2

Court No.

- 2

Case :- WRIT - C No. - 574 of 2025

Petitioner :- Devi Deen And 2 Others


Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko.
And 4 Others
Counsel for Petitioner :- Pramod Kumar Yadav,Santosh Kr.
Yadav Warsi
Counsel for Respondent :- C.S.C.,Dilip Kumar
Pandey,Sarvesh Kumar Dubey

Hon'ble Rajan Roy,J.


Hon'ble Om Prakash Shukla,J.

Heard.

Pleadings be exchanged between the parties within six weeks.

The question regarding payment of compensation to the


petitioners for their land bearing Gata No.439 minjumla which
has been acquired and in respect of which the petitioners
admittedly have tenancy rights, is pending consideration before
the competent authority under Section 3 H(3) of the National
Highways Act, 1956. The contention of the NHAI before the
competent authority is that part of the said Gata is Gram Sabha
land and is recorded as such and that part itself is sufficient and
has been utilized for construction of the highways and the land
of the petitioners have not been utilized. However, we fail to
understand as to how, if the Gata is minjumla, the NHAI has
determined as to which land has been utilized and which has
not been utilized.

We are, therefore, of the opinion that a physical division of the


holding should be done by the revenue authorities by an
application/proceedings to be submitted/initiated by the
petitioners and after hearing the Gram Sabha and such other
parties which may be necessary parties in such proceedings.
Based on such division of holdings by metes and bounds, it will
be clear as to whether the land of the petitioners has been
utilized by the NHAI for public purpose or not.

Apart from it, the other question is as to whether the opposite


parties can withdraw from the acquisition after acquiring the
land of the petitioners, taking possession and also rendering of
the award, if so, whether the petitioners will not be entitled to
be compensated for being denied the use of land for the period
during which the possession remained with the opposite parties.
This of course is subject to the permissibility of such an action.
The division of holding shall be undertaken at the earliest say
within three months ignoring whatever reports may have been
prepared on the administrative sides.

List after three months.

(Om Prakash Shukla,J.) (Rajan Roy,J.)

Order Date :- 12.2.2025


Saurabh

Digitally signed by :-
SAURABH VERMA
High Court of Judicature at Allahabad,
Lucknow Bench

You might also like