Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the following prayers have been made:- "i. For giving direction to the concerned respondent to pay adequate compensation to the petitioner whose land bearing Khata No.-471, Plot No. - 1727, total Rakba 0.06 Acres (6 decimal) has been acquired for the respondents for the expansion of the N.H. - 23 (National High Way 23) into Four Lanes. ii. And further to give direction to the concerned respondents also to pay adequate compensation to the petitioners in lieu of their house constructed on the said land annexed for the expansion of the National High Way into Four Lanes National High Way. iii. And further for giving direction to the concerned respondent for enquiring into the matter that how the petitioners land bearing Khata No. - 471 and Plot No. - 1727 has been deleted in the Gazette of India published in the local news paper namely Dainik Bhaskar on 23.11.2016 though the same was entered in the Gazette of India published in the local news paper namely Prabhat Khabar on 05.05.2016."
(2.) It is the case of the petitioner that the land belongs to the petitioner having perfect title which he is claiming on the basis of registered sale deed dated 14.11.1923 having been purchased from one Wahid Khan who was the recorded Khatiyani Raiyat but initiating a proceeding the land has been used for the purpose of widening of National Highway by handing it over in favour of the National Highway Authority of India Ltd., even though no compensation with respect to the open land or the structure situated over there, has been paid, therefore, the instant writ petition.
(3.) Counter affidavit has been filed on behalf of the State respondent inter alia the stand has been taken that the land in question is Gair Majurwa Khas, however, the fact about the peaceful possession over the land in question has not been disputed as per the statement made in paragraph 7 and as such it has been stated that the petitioner's case is to be considered for the compensation for private structure like house and other building exist on the Government land on recommendation of competent authority of Land Acquisition/State Government and to that effect the Circle Officer after making thorough inquiry has sent the entire record before the Project Director, National Highway Authority of India Ltd., the respondent No.3 for taking appropriate action vide communication dated 12.12.2017.;