UMESH PRASAD CHAURASIYAversusSTATE OF U.P. AND 3 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                             WRIT - C No. - 34817 of 2026

Umesh Prasad Chaurasiya
                                                               .....Petitioner(s)
                                       Versus

State Of U.P. And 3 Others
                                                             .....Respondent(s)

Counsel for Petitioner(s)              : Mahesh Narain Singh
Counsel for Respondent(s)              : A.S.G.I., C.S.C., Pranjal Mehrotra

Court No. - 29
                   HON'BLE SIDDHARTHA VARMA, J.
                   HON'BLE KUNAL RAVI SINGH, J.

1. Short counter-affidavit filed today is taken on record.

2. We have heard Shri Mahesh Narain Singh, learned counsel for the
petitioner, Shri Pranjal Mehrotra, learned counsel for respondent No. 4
(National Highways Authority of India), and the learned Standing Counsel
for respondent Nos. 1 to 3.

3. This writ petition has been filed by the petitioner, Umesh Prasad
Chaurasiya, praying for a writ, order, or direction in the nature of certiorari
quashing the award dated 16.02.2024 passed by the Additional District
Magistrate (Administration)/Competent Authority (Land Acquisition),
National Highways 727-A, Deoria Bypass, District Deoria, under Section 3-
G of the National Highways Act, 1956, in Case No. 19 of 2024, insofar as it
relates to the petitioner.

4. The petitioner was the recorded tenure holder of Plot No. 8M,
admeasuring 0.1770 hectare, situated in Village Pagra @ Parsiya, Tehsil and
District Deoria, with his name duly recorded in the Khatauni for the fasli
years 1429–1434. The petitioner has challenged the award dated 16.02.2024
on the ground that no publication of notice for inviting objections was made
under Section 3-G(3) of the National Highways Act, 1956. Learned counsel
for the petitioner submits that the entire determination was conducted
without any definite notice under Section 3-G(3) of the Act. Learned counsel
for the petitioner, therefore, prays that the compensation awarded by the
award dated 16.02.2024, insofar as it affects the petitioner, be quashed, and
                                                                                             WRIC No. 34817 of 2026
                                                                    2


                                    the petitioner be granted an opportunity to file objections with regard to the
                                    enhancement of compensation, etc. In support of his submissions, he has
                                    relied upon the judgment of this Court in Writ-C No. 7723 of 2025 (Manoj
                                    Kumar Baranwal and 4 others vs. State of U.P. and 3 others) decided on
                                    14th July, 2026.

                                    5. Shri Pranjal Mehrotra, learned counsel appearing for the National
                                    Highways Authority of India, after having filed a short counter-affidavit,
                                    fairly concedes that the mandatory notice under Section 3-G(3) of the Act
                                    was not published. He submits that since the amount of compensation has
                                    already been accepted by the petitioner, in terms of paragraph 49 of the
                                    decision dated 14th July, 2026 passed by the Division Bench of this Court,
                                    the petitioner is entitled only to file objections against the award limited to
                                    the enhancement of the quantum of compensation.

                                    6. That being the position, we are definitively of the view that as the
                                    petitioner has already accepted the compensation given to him under the
                                    award dated 16.2.2024, therefore, this Court need not deal with the effect of
                                    non-publication of notice under Section 3G(3) of the Act. As this issue has
                                    already been dealt in Writ-C No. 7723 (Manoj Kumar Baranwal and 4 others
                                    vs. State of U.P. and 3 others), we deem it appropriate to dispose of this
                                    petition in terms of paragraph No. 49 of the order passed in Writ-C No. 7723
                                    of 2025 (Supra)

                                    7. Accordingly, the writ petition stands disposed of.



                                                               (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 17, 2026
                                    Sumaira




Digitally signed by :-
SUMAIRA AQUIL
High Court of Judicature at Allahabad