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IN THE HIGH COURT OF ALLAHABAD
Rohit Ranjan Agarwal, J.
Manish Kumar Chaudhary – Appellant
Versus
Mahendra Singh – Respondent
JUDGMENT :
Rohit Ranjan Agarwal, J.
1. Heard Sri S.K. Tyagi, learned counsel for the petitioners. Sri Nigamendra Shukla, Advocate, has put in appearance on behalf of respondent no. 1.
2. A short counter affidavit has been filed on behalf of respondent no. 1. Learned counsel for petitioners states that he does not propose to file rejoinder affidavit to short counter affidavit and wants final disposal of the matter at the admission stage itself without any issuance of notice to respondent no. 2.
3. This writ petition assails the order passed by Additional District and Sessions Judge, FTC II, Hapur dated 29.01.2025 in Land Acquisition Case No. 01 of 2023, Mahendra Singh vs. Manish Kumar and others.
4. The land of respondent no. 1 was acquired by National Highways Authority of India for road widening. The matter was referred by Additional District Magistrate (Land Acquisition)/Competent Authority, under Section 3H(4) of National Highways Act, 1956 for the consideration of apportionment of the compensation amount. The Additional District and Sessions Judge vide order dated 29.01.2025 has rejected the claim of the petitioner. Hence, this writ petition.
5. It is contended by learned counsel for
Family settlements must be substantiated with clear evidence; a denial by one party negates claims based on such settlements.
In disputed land acquisition compensation apportionment, competent authority must refer to Principal Civil Court under National Highways Act Section 3H(4) and withhold payment; writ court cannot dire....
Disputes regarding compensation apportionment for land acquisition must be resolved by the Principal Civil Court, not through writ jurisdiction, when an alternative remedy exists.
Point of law: while construing a legal provision, the first and foremost rule of construction is the rule of literal construction, and other rules of construction are called into aid only when the le....
The competent authority under the National Highways Act lacks jurisdiction to resolve title disputes regarding compensation entitlement, which must be adjudicated by the civil court.
Section 3-G(4) of Act stipulates that such notice shall state particulars of land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner b....
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