Neutral Citation No. - 2025:AHC:29305-DB Court No. - 21 Case :- WRIT - C No. - 41702 of 2024 Petitioner :- Smt. Soniya Devi And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Santosh Kumar Yadav,Shiv Nath Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Rejoinder affidavit filed today, is taken on record. 2. The following prayer has been made in the present petition filed under Article 226 of the Constitution of India:- "A) Issue a writ order or direction in the nature of mandamus commanding/directing to the respondent authority to grant/pay the compensation according to circle rate Rs. 20,300/- per square meter of Plot No. 593 area 273.84 sq. meters, Plot no. 593 area 245.14 sq. meters and Plot no. 593 area 201.74 sq. meters situated in Village Shaha Urf Pipal Goan, Pargana and Tehsil Sadar, District Prayagraj as per Government order dated 17.03.2015 to the petitioners." 3. The petitioner no. 1 has earlier approached this Court by filing Writ-C No. 29879 of 2024 and it was disposed of by an order dated 09.09.2024, which is extracted below:- "1. Sri Prashant Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 1. The prayer made in the instant petition is for restraining the respondent- Authority from acquiring the land of the petitioner comprising of Plot no. 593, area 273.84 sq.mtrs, Village- Shaha urf Pipalgaon, Pargana and Tehsil- Sadar, District- Prayagraj for widening of road into four-lane alongwith service lane and for payment of proper compensation to the petitioner in accordance with law. 2. The case of the petitioner is that the respondent-Authorities have, without any formal acquisition, been making attempt to dispossess the petitioner from the aforesaid land in order to widen the existing road. 3. Shri Rajiv Gupta and Shri Hare Ram Tripathi, learned counsel for the State-respondents submit that the respondents would not disturb the possession of the petitioner without obtaining title over the land either on the basis of a conveyance deed or by compulsory acquisition. 4. Having regard to the aforesaid stand of the State-respondents, we dispose of the instant petition by providing that the respondents will not interfere in the possession of the petitioner over the subject land without formal acquisition and payment of compensation or acquisition of title on basis of mutual negotiations. " 4. It appears that thereafter the respondents proceeded to acquire the subject land, notification under Section 11 of Act No. 30 of 2013 was issued on 14.09.2024 and notification under Section 19 on 09.11.2024. An award was also declared on 09.12.2024. The State-respondents have placed on record the written instructions, according to which, proceedings are under way to determine the share of the petitioners in the subject land and accordingly, compensation amount will be released in their favour. A notice was also issued to them on 09.12.2024 in this regard. 5. Learned counsel for the petitioners submits that the respondents have not approached the petitioners for negotiation as directed by the previous order of this Court. 6. As the respondents have gone for compulsory acquisition, therefore, the submission is without force. The respondents have already taken the stand that they would pay compensation to the petitioners as per their share. In case the petitioners feel aggrieved by the amount determined as compensation, it shall be open to them to challenge the award in independent proceedings as permissible under law. 7. The petition stands disposed of with the aforesaid liberty reserved in favour of the petitioners. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 3.3.2025/Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad