MANOJ KUMARversusUNION OF INDIA AND 4 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 17499 of 2026

Manoj Kumar
                                                             .....Petitioner(s)
                                    Versus

Union Of India And 4 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)          : Amit Singh, Anurag Pandey
Counsel for Respondent(s)          : A.S.G.I., C.S.C., Pranjal Mehrotra

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




1. Heard Shri Dinkar Lal, learned counsel holding brief of Shri Anurag
Pandey, learned counsel for the petitioner, Shri Fuzail Ahmad Ansari,
learned Standing Counsel for the State-respondents, Shri R.K. Jaiswal,
learned counsel for the respondent - Union of India, and Shri Vaibhav
Tripathi, learned counsel for the respondent - National Highways Authority
of India (NHAI).

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

     "i. Issue writ, order or direction in the nature of mandamus,
     commanding the Respondents to ensure immediate payment of
     compensation to the Petitioner for the acquisition of his land,
     in terms of judgement dated 28.11.2025, passed by Additional
     District Judge/ Special Judge (S.C.S.T Act) Baghpat, in Civil
     Misc. Case No. 62/2023, Sumit Kumar Vs. Ran Singh &
     Others.

     ii. Issue a writ order or direction in the nature, which this
     Hon'ble Court may deem fit and proper in the facts and
     circumstances of the case.

     iii. Award cost of the petition to the petitioner."
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3. The record reflects that the petitioner is a tenure holder of land in
dispute situated at Khasra No. 948 admeasuring 1.3390 hectare and
Khasra No. 948/1148 admeasuring 0.0860 hectare in Village Tatiri, Tehsil
and District Baghpat. The petitioner had developed the said land into a
residential colony by carving out plots and executing sale deeds in favour
of various purchasers. Similarly, other tenure holders in the same khasra
numbers had also developed their land and sold plots after making proper
provisions for roads, common passages and other basic facilities, for
which certain portions of land were reserved and not sold. Subsequently,
by notifications dated 10.03.2021 and 15.07.2021, part of Khasra No. 948
was acquired for the Delhi-Dehradun Economic Corridor, and later by
notification dated 21.08.2023, part of Khasra No. 948/1148 was also
acquired for the same purpose by the Ministry of Road Transport. Since
many plots had already been sold, compensation was payable to the
respective plot owners, whereas disputes arose regarding compensation
for land reserved for roads and common utilities, which had not been sold.
Further disputes relating to identification of plots and ownership were
also raised.

4. Learned counsel for the petitioner submits that the competent authority
referred the matter under Section 3H(4) of the National Highways Act,
1956 (hereinafter referred to as 'the Act, 1956'), and the dispute was
registered as Civil Misc. No. 62 of 2023 (Sumit Kumar vs. Ransing and
others), before the Court of Additional District Judge/Special Judge
(SC/ST Act), Baghpat. The said case was finally decided on 28.11.2025,
directing payment of compensation for roads and common utility land to
the tenure holders according to their shares, and the competent authority
was directed to ensure disbursement without delay. However, despite the
said order and repeated representations dated 18.02.2026, 20.02.2026,
21.02.2026 and 13.04.2026 made to the competent authority, no action
has been taken. Learned counsel for the petitioner has confined the relief
to the extent that the application of the petitioner be decided in
accordance with law by the respondent No.4 - District Magistrate,
Baghpat.

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

                                    6. 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.4 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