Paramjeet Singh v. Union of India and 4 Others

Court No. - 21 Case :- WRIT - C No. - 37028 of 2023 Petitioner :- Paramjeet Singh Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Bhagwan Dutt Pandey,Brijendra Kumar Srivastava Counsel for Respondent :- A.S.G.I.,Paras Nath Rai Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1The instant petition has been filed praying for a writ of mandamus directing the second respondent to pay compensation to the petitioner in lieu of acquisition of his land bearing Araji No. 1002 area 0.008 hectare village Mudila, Tehsil Nautanwa, District Maharajganj, and for a further direction to decide his representation dated 04.09.2023.

¶2The case of the petitioner is that the respondents have not paid compensation to him so far, although it was acquired by notification dated 04.04.2022.

¶3Shri Paras Nath Rai, learned counsel appearing on behalf of respondents No. 1, 3 & 5 on instructions states that an award was made in respect of the subject land on 02.07.2022 and it is open to the petitioner to withdraw the amount by moving appropriate application before the Competent Authority. He also submits that in case petitioner is aggrieved by the impugned award, he can avail the remedies provided under the Act.

¶4We find considerable force in the submission of learned counsel for the respondents. As award has already been made, therefore, it is open to him to withdraw the compensation amount without prejudice to his rights. In case, he feels aggrieve by the impugned award, he can avail the remedies provided under the National Highways Act, 1956.

¶5The petition stands disposed of accordingly. Order Date :- 22.11.2023 Mukesh Kr. (Donadi Ramesh,J.) (Manoj Kumar Gupta,A.C.J.) High Court of Judicature at Allahabad