Neutral Citation No. - 2025:AHC:6284-DB Court No. - 21 Case :- WRIT - C No. - 38267 of 2024 Petitioner :- C/M Smt Gunraji Devi Balika Ucchattar Madhyamik Vidyalaya And Another Respondent :- Union Of India And 51 Others Counsel for Petitioner :- Kedar Nath Mishra,Shachindra Kumar Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Vaibhav Tripathi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Shri Shachindra Kumar Mishra, learned counsel for the petitioners, Shri Vaibhav Tripathi, learned counsel appearing on behalf of respondents No. 1 & 2, Shri Rajiv Gupta, learned Additional Chief Standing Counsel appearing for the State- respondents. 2. The instant petition under Article 226 of the Constitution has been filed praying for a writ of mandamus commanding respondent No. 3 to pay compensation to the petitioners in respect of plot No. 33Ga and 33Gha and for a further direction to respondent No. 3 to consider the claim of the petitioner-Institution in respect of payment of compensation for the aforesaid land in accordance with law. 3. Petitioner No. 1 is Committee of Management of an Educational Institution and petitioner No. 2 claims to be Manager of the Committee of Management of the said Institution. The case of the petitioners is that school building exists over Plot No. 33Ga and 33Gha, village Padari Gajraj, Tappa Balia, Pargana Salempur Majhauli, Tehsil Salempur, District Deoria. The aforesaid plots were acquired by Ministry of Road Transport for construction of a public road. The petitioner is recorded tenure holder of Araji No. 33Ka. In respect of Plots No. 33Ga and 33Gha, it is alleged that school building was in existence and therefore, the petitioners are also entitled to compensation for the same. However, it seems that the claim of the petitioners is being disputed by respondent No. 6 to 52 and on account of which compensation amount has not been released in favour of the petitioners so far. 4. In pursuance of our previous order, the State-respondents have submitted written instructions, according to which, Plot No. 33 is divided into four plots i.e. Plots No. 33Ka, 33Kha, 33Ga & 33Gha. 33Ka area 0.085 hectare is recorded in the name of the petitioner- Institution. Plot No. 33Kha area 0.008 hectare is recorded in the name of Pt. Jawahar Lal Krishak Inter College. Araji No. 33Ga area 0.077 hectare is recorded in the name of Ram Narayan S/o Chandra Bhan and others and Araji No. 33Gha area 0.077 hectare is recorded in the name of Jai Prakash S/o Sharda & others. It is admitted that school building was in existence over Plots No. 32 & 33 but the stand taken is that the respondents are bound by the revenue entries and therefore, the claim of the petitioners for payment of entire compensation amount to them cannot be accepted. 5. It is pertinent to note that the petitioners though admit that their name is not recorded over 33Ga and 33Gha but it is alleged that the land aforesaid was donated by the ancestors of the private respondents to the petitioners for construction of a school building. However, there is no written document evidencing the said fact. 6. In the aforesaid facts and circumstances, we are of the opinion that the dispute being in relation to entitlement and apportionment of compensation, the remedy is under Section 3-H(4) of National Highways Act by way of reference to the civil court. 7. Accordingly, we dispose of the instant petition with liberty to the petitioners to move appropriate application for referring the dispute to the civil court. 8. In the event, any application for referring the dispute is moved before the Competent Authority along with true attested copy of the instant order, the Competent Authority will refer the dispute between the parties to the civil court within two weeks of the receipt of the application. Order Date :- 15.1.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad