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2019 Supreme(All) 475

DEVENDRA KUMAR ARORA, NARENDRA KUMAR JOHARI
Shiv Shyam – Appellant
Versus
Competent Authority/SPL Land Acquisition Officer, Barabanki – Respondent


Advocates Appeared:
Vijay Kumar Tewari, Adv., Avanish Tewari, Adv.

JUDGMENT :

NARENDRA KUMAR JOHARI, J.

1. Notice on behalf of opposite party has been accepted by learned Chief Standing Counsel.

2. Heard Sri Vijay Kumar Tewari, learned counsel for the petitioner and learned Standing Counsel.

3. The petitioner has approached this Court seeking a writ of Mandamus directing the opposite party to disburse the amount as deposited by the National Highway Authority of India dated 21.01.2019 in the account of the petitioner immediately (as provided under the provisions of the National Highways Act, 1956).

4. According to the petitioner, he is a poor farmer of Village- Dharauli, Pargana- Suryapur, Tehsil- Ram Sanehi Ghat, District-Barabanki. His land bearing Khasra No. 590, area 0.1300 Hectare was required by the National Highway Authority of India for widening National Highway No. 28. For this purpose, a notification under Section- 3A and 3D of the National Highways Act, 1956 (hereinafter referred to as "1956 Act") was issued on 01.06.2005 and 21.10.2005 respectively. Thereafter, the Competent Authority/Special Land Acquisition Officer, Barabanki declared the award dated 10.11.2016 in respect of the petitioner's land, whereby the compensation was determined at






















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