IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH WRIT PETITION No. 7887 of 2015 GHANSHYAM Versus THE STATE OF MADHYA PRADESH THR AND OTHERS Appearance:

Shri Jitendra Singh Rathore - Advocate for the petitioner.

Shri Prabhat Pateriya - Govt. Advocate for respondents/State.

Shri Ashish Saraswat - Advocate for respondents No.2 & 4.

Reserved on : 12/12/2025 Delivered on : 16/12/2025 ORDER With the consent of parties, the matter is heard finally.

The instant writ petition filed under Article 226 of the Constitution of India claims the following reliefs:

"(a) That, the respondent authority may kindly be directed to consider the representation dated 05-11-2015 for grant of compensation on the basis of report dated 12-08-2015 submitted by the authority.

(b) That, the respondents authority may kindly be directed to grant compensation to the petitioner with respect to the constructed house over the survey No.1155 of Village Nohrikalan, District Shivpuri.

(c) That, the other reliefs doing justice including cost be awarded."

2. Subsequently, through amendment permitted vide order dated

03/09/2025, the petitioner had also sought for the quashment of the order dated 02/11/2015 passed by the respondent No.3, whereby the representation of the petitioner was rejected.

3. Brief facts leading to filing of the instant writ petition are as under:

3.1The work of construction of National Highway, Gwalior-

Shivpuri Section, NH-3, from 176 kms to 236 kms, was undertaken by the respondent authorities by which lands situated in various villages were affected. The petitioner was residing in a house constructed on Survey No.1155 at Village Nohari Kala, Tehsil and District Shivpuri, which was also affected by the road widening of the National Highway in question. The said land was recorded as government land.

3​ .2Acquisition proceedings for the affected lands were initiated under the National Highway Act, 1956, and an award came to be passed in terms of Section 3G of the Act of 1957.

3.3The petitioner herein moved a representation before the competent authority (respondent No.2) claiming compensation for the superstructure, i.e., the house constructed by the petitioner on Survey No. 1155. An enquiry got conducted by respondent No.3 through the Naib Tehsildar, who submitted his report dated 12/08/2015, which revealed that the house of the petitioner was constructed on land bearing Survey No.1155 of Village Nohari Kala, which was recorded as government land and the said land was affected by the construction of national highway.

3.4The representation submitted by the petitioner seeking compensation for the superstructure (his house) came to be turned down by respondent No.3 vide order dated 20/11/2015 (Annexure-P/1) on the ground that in terms of sub-section (3) of Section 3G, on 03/11/2012, after the declaration of the land acquisition award, the claims and objections were invited from all concerned, and since the petitioner had not submitted any objection at the said time, the compensation has already been disbursed. Since the house of the petitioner was situated on the government land, the claim of the petitioner stands rejected, and in case the petitioner is still aggrieved, he can file appeal before the competent court. It is this order which has been challenged by the petitioner subsequently by way of amendment in the relief clause. 4. Learned counsel appearing for the petitioner submits that though the petitioner may not be the owner of the land bearing Survey No.1155 situated at Village Nohari Kala, but the enquiry report since reveals that the house of the petitioner was constructed on the said land, he was entitled for payment of compensation towards the superstructure (house) raised on the government land. He submits that in identical situation, in adjoining village, the claims of such persons who have raised construction on government land and whose lands were acquired under the National Highway Act, 1956, such claims were re