Om Prakash Sahu v. Union Of India And 3 Others
Case at a glance
- Decided
- 14 May 2025
- Neutral citation
- 2025:AHC:78692-DB
Outcome
Disposed of
With the aforesaid liberty, the petition stands disposed of
Provisions considered
Key paragraphs
- Para 66. With the aforesaid liberty, the petition stands disposed of.
Judgment
Petitioner :- Om Prakash Sahu Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Sheetla Sahai Srivastava Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
The present writ petition has been filed praying for a writ of mandamus directing respondent no. 4 to pay compensation to the petitioner in respect of 53.25 sq. meters of land at non-agricultural rate, treating it to be abadi land.
The case of the petitioner is that the aforesaid land was acquired by the respondents under the provisions of the National Highways Act, 1956. Admittedly, an award in respect of the said land was declared on 28.10.2020 wherein compensation for the said area has been determined at agricultural rate. The case of the petitioner is that the petitioner is entitled to payment of compensation at non- agricultural rate inasmuch as by an order dated 19.3.2014, the aforesaid land was declared as land not being used for agricultural purposes under Section 143 of U.P. Zamindari Abolition and Land Reforms Act, 1950.
Sri S.K. Singh, Advocate, appearing on behalf of respondent- NHAI, submits that the petitioner, if aggrieved by the quantum of compensation awarded, shall have to challenge the same in the manner provided under the National Highways Act, 1956. He submits that in view of availability of efficacious alternative remedy under the Act, the issue which requires a factual enquiry, should not be decided in writ jurisdiction.
We find considerable force in the submission of learned counsel for the respondent-NHAI.
As the dispute is regarding quantum of compensation payable to the petitioner, we leave it open to the petitioner to challenge the award under Section 3G(5) of National Highways Act, 1956, if so advised.
Operative part
With the aforesaid liberty, the petition stands disposed of.
The order has been passed in the presence of Sri Vaibhav Tripathi, learned counsel appearing on behalf of Union of India. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 14.5.2025 Jaideep/- JAIDEEP BANERJEE High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the aforesaid liberty, the petition stands disposed of
Which statutory provisions did this judgment involve?
National Highways Act, 1956; U.P. Zamindari Abolition and Land Reforms Act, 1950 — s. 143.
Which court decided this case, and when?
Allahabad High Court, on 14 May 2025.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.