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Allahabad High Court

SHYAMSUNDAR SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The supplementary award is quashed insofar as it affects the petitioner because the mandatory notice under Section 3‑G(3) of the National Highways Act, 1956 was not served.

Summary

Shyamsundar Singh, a recorded tenure holder of two plots in Deoria, challenged the compensation awards dated 16‑02‑2024 and the supplementary award dated 10‑07‑2024 issued by the Additional District Magistrate under Section 3‑G of the National Highways Act, 1956. He contended that the mandatory notice required by Section 3‑G(3) was never published, depriving him of the opportunity to object to the compensation. The National Highways Authority of India conceded the omission of the notice. The Court held that the failure to publish the statutory notice invalidated the supplementary award as it pertained to the petitioner and consequently quashed it. The Court directed the respondent to allow the petitioner to file objections to the compensation, following the procedure laid down in a prior judgment. The writ petition was therefore allowed.

Issues considered

  • Whether the absence of the mandatory notice under Section 3‑G(3) of the National Highways Act, 1956 renders the compensation award invalid.
  • Whether the supplementary award dated 10‑07‑2024 can be quashed for the petitioner.
  • Whether the petitioner is entitled to file objections to the compensation determination.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • notice requirement
  • National Highways Act
  • quashing award
  • writ of certiorari
  • objections

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - C No. - 37499 of 2026

Shyamsundar Singh
                                                                  .....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.

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

1. Heard Shri Mahesh Narain Singh, learned counsel for the petitioner,
learned Standing Counsel for the respondent Nos. 1 to 3 and Shri Vaibhav
Tripathi, learned counsel for respondent No. 4.

2. This writ petition has been filed by the petitioner praying for a writ, order,
or direction in the nature of certiorari quashing the award dated 16.02.2024
passed in Case No. 22 of 2024 and supplementary award dated 10.07.2024
passed in Case No. 15 of 2024 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 insofar as it relates to the petitioners.

3. Petitioner is the recorded tenure holder of plot no. 13 ad-measuring
0.1780 hectare and plot no. 322 ad-measuring 0.1950 hectare, situated in
Village Chakarwa Dhoos (Salempur Majhuali), Tehsil and District Deoria,
with his name duly recorded in the Khatauni for the fasli years 1427–1432.
After land of the petitioner was acquired under the provisions of the National
Highways Act, 1956, the determination of compensation was required to be
made.

4. Learned counsel for the petitioner submits that the entire determination
was conducted without any definite notice under Section 3-G(3) of the
National Highways Act, 1956. Learned counsel for the petitioner, therefore,
prays that the compensation awarded by means of supplementary award
dated 10.07.2024, insofar as it affects the petitioner, be quashed, and the
                                                                                           WRIC No. 37499 of 2026
                                                                    2


                                    petitioner be granted an opportunity to file objections with regard to the
                                    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 Vaibhav Tripathi, learned counsel appearing for the National
                                    Highways Authority of India has fairly conceded to the extent that the
                                    mandatory notice under Section 3-G(3) of the Act was not published.

                                    6. That being the position, we are definitively of the view that the
                                    supplementary award dated 10.07.2024 is liable to be quashed to the extent it
                                    concerns the petitioner, and is hereby thus quashed. Respondent No. 3 shall
                                    now permit the petitioner to file objections with regard to the compensation
                                    which has been determined. The filing of objections, and the subsequent
                                    consideration and decision thereupon, shall be governed by paragraphs 45,
                                    46, and 47 of the decision dated 14th July, 2026, passed in Writ-C No. 7723
                                    of 2025 (Manoj Kumar Baranwal and 4 others vs. State of U.P. and 3 others)
                                    .

                                    7. Accordingly, the writ petition stands allowed.



                                                               (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 18, 2026
                                    Sumit S




Digitally signed by :-
SUMIT SRIVASTAVA
High Court of Judicature at Allahabad


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