Mohammad Irfan Khan v. Mishra

Heard Sri Shiv Kant Mishra, learned counsel for the petitioner, Sri Paras Nath Rai, learned counsel for Union of India, Ms. Akansha Gaur, appearing for the respondent no.5 and 6 and Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State respondents.

The instant petition is preferred for a direction commanding respondents to pay compensation to petitioner in pursuance of the award dated 14.08.2023, declared by Competent Authority/Special Land Acquisition Officer (Joint Organization) Bareilly in respect of the land of the petitioner bearing Khasra No. 86 admeasuring area 316 Sq. Metre situated in Village- Amariya, Tehsil- Amariya, District- Pilibhit.

Learned counsel for the petitioner submits that the petitioner is co- owner with transferable rights of Khasra No. 86 admeasuring 0.5140 hectares. Out of total area of 0.5140 hectare, the petitioner owns area

0.2570 hectares. He submits that the Union of India issued a notification under Section 3A of the National Highway Act, 1956 on 01.07.2022. Later on, the Union of India has issued a notification under Section 3D of the National Highway Act, 1956 which was also published extraordinary gazetted on 03.02.2023. He submits that as the land was acquired for the construction of Bareilly-Pilibhit-Sitarganj, NH74, and it 2 WRIC No. 31905 of 2025 is admitted case that the petitioner's holding falls under the Notification. Consequently, the award dated 14.08.2023. He submits that as the petitioner was aggrieved with the quantum of compensation, he instituted proceeding under Section 3G(5) of the National Highways Act 1956 and the same is pending consideration.

It is submitted that Section 3H of the National Highway Act, 1956 talks about depositing and payment of the amount as determined by Competent Officer under Section 3G. It is further stated that Competent Authority immediately pay the compensation to the person who is entitled for the payment. The National Highways Authority has not deposited the amount of compensation till date which is clear violation of the Rules,

2019. The National Highway Authority has not challenged the award in respect of an area 316 Sq. Metre belongs to the present petitioner, and as such payment of petitioner cannot be held by the respondents. The petitioner has filed application alongwith affidavit, before the Competent Authority on 13.08.2025 and requested to pay the compensation of an area 316 Sq. Metre, but respondent Authority has not paid compensation to the petitioner till date.

In this backdrop, he submits that the the petitioner is inclined to receive the compensation in lieu of the award dated 14.08.2023 and a direction be issued to the respondent to ensure disbursement of the same.

Per contra, learned counsel for the NHAI has placed a detailed instructions dated 10.09.2025 and informed to the Court that the adequate compensation has already been deposited. The award was made in two parts. The petitioner's award was made on 30.10.2023 and the approval is already accorded by the NHAI for disbursement. She submits that there is no objection of the NHAI in case the petitioner is inclined to receive the compensation in lieu of the first allotment. She further apprised to the Court that against the arbitrary award, which was prepared for the other portion of the acquired land of the petitioner, the NHAI had already preferred the proceedings before the Arbitrator under Section 3G(5) of the National Highways Act 1956, challenging the same. As such, she submits that the NHAI has no objection in case a direction is issued to the Special Land Acquisition Officer (SLAO) for disbursement of the 3 WRIC No. 31905 of 2025 compensation to the petitioner in terms of the award dated 30.10.2023. So far as the second award, as the proceeding before the Arbitrator is going on, in case the petitioner is inclined to lift the compensation against the same, it is appropriate that he may furnish indemnity bond against the said award.

Considering the factual situation, we find that as counsel for the NHAI fairly submitted that in view of the award dated 30.10.2023, the NHAI has no objection for disbursement of the same, it is always open for the petitioner to approach the SLAO concerned for disbursement for the same in accordance with law. So far as the second award, in case the petitioner furnishes the indemnity bond qua the amount in question for disbursement of the same, we hope and trust that the same would be processed in accordance with law expeditiously and preferably within three weeks.