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Allahabad High Court

JITENDRA KUMAR PUNDHIRversusTHE NATIONAL HIGHWAYS AUTHORITY OF INDIA AND ANOTHER

Decided

Holding

The Court directed the Additional District Magistrate (Finance and Revenue)/Land Acquisition Officer to consider the petitioner's application and pass an appropriate order within six weeks, in accordance with law.

Summary

The petitioner, Jitendra Kumar Pundhir, bought a plot of land in Hathras in 2012 and built a house, but his name was never entered in the revenue records. The land was later acquired for National Highway 530B under a 2022 notification, and an award was passed in September 2023, yet no compensation was paid to the petitioner because his ownership was not reflected in the records. He filed an application on 25 March 2026 seeking consideration of his objection and compensation, but the land acquisition officer took no action and demolition began. The petitioner sought a writ of mandamus directing the Additional District Magistrate (Finance and Revenue)/Land Acquisition Officer to consider his representation and pass an order in accordance with law. The respondents did not oppose the request for expeditious disposal. The Court, without examining the merits, ordered the respondent authority to consider the petitioner's application and issue an appropriate order within six weeks, after hearing all stakeholders.

Issues considered

  • What is the duty of the Additional District Magistrate/Land Acquisition Officer to consider the petitioner's objection and award compensation under the land acquisition process?

Subjects

  • land acquisition
  • compensation
  • writ of mandamus
  • National Highways Authority of India
  • revenue records
  • court direction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 17461 of 2026

Jitendra Kumar Pundhir
                                                              .....Petitioner(s)
                                    Versus

The National Highways Authority Of India And
Another                                                     .....Respondent(s)

Counsel for Petitioner(s)             :   Sanjay Kumar Dubey
Counsel for Respondent(s)             :   C.S.C., Dinesh Kumar Singh

Court No. - 21
            HON'BLE MAHESH CHANDRA TRIPATHI, J.
            HON'BLE KUNAL RAVI SINGH, J.




1. Heard Shri Sanjay Kumar Dubey, learned counsel for the petitioner,
Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the
State-respondents and Shri Dinesh Kumar Singh, learned counsel for the
respondent - National Highway Authority of India (NHAI).

2. This writ petition has been filed praying inter alia for the following
relief:

     "i) issue a writ, order or direction in the nature of Mandamus
     commanding the Additional District Magistrate (Finance
     Revenue)/Prescribed Authority(Land Acquisition Officer) NH
     530B, Hathras (Respondent No.-2) to consider the objection of
     petitioner and pass appropriate order upon same.

     ii) issue any other suitable with, order or direction, which this
     Hon'ble Court may deem fit and proper under the
     circumstances of the case.

     iii) award cost of the petition in favor of the petitioner."

3. Learned counsel for the petitioner submits that the petitioner purchased
land in question, i.e. Gata No. 64, area 46.84 sq. meters, situated at
Village Bastoi, Tehsil Sikandrarau, District Hathras through a registered
                                                                                            WRIC No. 17461 of 2026
                                                                    2


                                    sale deed dated 18.09.2012 and has been in possession since then. During
                                    consolidation, the said land was renumbered as Gata No. 94. After
                                    purchase, the petitioner constructed a room and has been residing there,
                                    though his name could not be recorded in revenue records. He further
                                    submits that subsequently, the land was acquired for National Highway
                                    No. 530B under notification dated 17.08.2022, and an award was passed
                                    on 22.09.2023. However, no compensation has been paid to the petitioner
                                    due to absence of his name in revenue records. Despite filing an
                                    application dated 25.03.2026 along with relevant documents, no action
                                    has been taken, and demolition has commenced, causing grave injustice
                                    and financial loss to the petitioner. He has confined the relief to the extent
                                    that the application of the petitioner be decided in accordance with law.

                                    4. Learned counsels for the respondents have no objection to the aforesaid
                                    request made by learned counsel for the petitioner regarding expeditious
                                    disposal of the petitioner' representation.

                                    5. Considering the facts and circumstances of the case and the relief
                                    prayed for, without adverting to the merits of the case, and with the
                                    consent of the parties, we dispose of with a direction to the respondent
                                    No.2 - Additional District Magistrate (Finance and Revenue)/ Prescribed
                                    Authority (Land Acquisition Officer) NH530B, Hathras, to consider the
                                    aforesaid applications/ representations of the petitioner and pass
                                    appropriate order, strictly in accordance with law, within six weeks from
                                    the date of production of a certified copy of this order, but certainly after
                                    giving audience to all the stake holders in the matter, if there is no other
                                    impediment.




                                                       (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
                                    May 5, 2026
                                    NLY




Digitally signed by :-
NAND LAL YADAV
High Court of Judicature at Allahabad


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