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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