Allahabad High Court
Tejbhadur Singh Yadav vs Union Of India And 3 Others on 30 July, 2025
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:127082-DB
Court No. - 29
Case :- WRIT - C No. - 24706 of 2025
Petitioner :- Tejbhadur Singh Yadav
Respondent :- Union Of India And 3 Others
Counsel for Petitioner :- Nandini Mishra,Navin Singh,Ranjana Singh
Counsel for Respondent :- A.S.G.I.,C.S.C.,Mahendra Pratap,Paras Nath Rai
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard Ms. Nandini Mishra, learned counsel for the petitioner and Sri Mahendra Pratap, learned counsel for respondent nos.2 and 4.
2. Learned counsel for the petitioner has confined her prayer to the relief that the benefit of Section 80 of the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act, 2013') relating to payment of interest on delayed payment of compensation amount may be extended in favour of the petitioner in lieu of the acquisitions made under the provisions of the National Highways Act, 1956 (for short 'NH Act') as amended by the National Highways Laws (Amendment) Act, 1997.
3. In support of her submission, she has placed reliance on the Division Bench judgment and order dated 16.12.2023 passed in Writ C No.11417 of 2023 (Balwan Singh and another v. National Highway Authority of India and another) and connected matters, wherein the Division Bench has considered Section 80 of the Act, 2013 and had opined that the interest determined in the first instance (by the Competent Authority under NH Act) would undoubtedly apply to the acquisitions made under NH Act and the writ petitions were allowed directing the respondents to calculate the interest as per provisions of Section 80 of the Act, 2013.
4. Learned counsel for the petitioner in this backdrop submits that the matter is no more res integra and the instant writ petition may also be disposed of in terms of the orders passed by Hon'ble Division Bench in Balwan Singh (supra).
5. Considering the aforesaid factual situation that the Division Bench in the matter of Balwan Singh (supra) has mandated that the provisions relating to interest i.e. Section 80 of the Act, 2013, being a more beneficial provision would apply to the acquisition made under the NH Act, we find that the claim that has been set up by the petitioner for interest on delayed payment of compensation amount under Section 80 of the Act, 2013 is completely just and valid. We do not find objection of the respondents to be reasonable to hold that the petitioner is not entitled to get reprieve under section 80 of the Act, 2013. Further, we are in respectful agreement with the judgment passed by a Division Bench of this Court in the matter of Balwan Singh (supra).
6. Accordingly, the instant writ petition stands disposed of in terms of judgment passed in the matter of Balwan Singh (supra).
Order Date :- 30.7.2025
Manish Himwan
(Prashant Kumar,J.) (M.C. Tripathi, J.)
