GANGA PRASAD DUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The petitioner has filed this petition stating that the respondent National Highway Authority of India has constructed N.H -26 converting it into a four lane road and while doing so have constructed the road on land belonging to the petitioner in excess of the land of Khasra Nos.128/1 and 128/2 of village Rajvas, Patwari Halka No.85, Tehsil Khurai, District Sagar acquired by them without paying any compensation for that land. In such circumstances, the petitioner by way of amendment in the petition has prayed that the respondent authorities be directed to pay compensation for the excess land utilized by them for construction of the National Highway.

(3.) The respondents have filed a return and have stated that the respondents have infact acquired part of Khasra Nos.128/1 and 128/2 by duly issuing the notification and that they have constructed the road on the land acquired by them and have not constructed the road on any land beyond the land of Khasra Nos.128/1 and 128/2 acquired by them. The respondents have also denied the documents filed by the petitioner, Annexures P -8 to P -14, wherein the revenue authorities, on the complaint of the petitioner have stated that the authorities have constructed the road on the land that was not acquired.