Neutral Citation No. - 2025:AHC:37257-DB Court No. - 21 Case :- WRIT - C No. - 43261 of 2024 Petitioner :- Rambabu And Another Respondent :- State Of U.P. & 4 Others Counsel for Petitioner :- Manish Kumar Kashyap,V.P. Singh Kashyap Counsel for Respondent :- A.S.G.I.,Akanksha Gaur,C.S.C.,Vaibhav Tripathi Hon'ble Manoj Kumar Gupta,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard learned counsel for the petitioners, Sri Rajesh Kumar Jaiswal, learned counsel for respondent no. 2 and Sri Vaibhav Tripathi, learned counsel appearing for respondent no. 5. 2. The instant petition has been filed praying for a writ of mandamus directing the respondent-Authorities to consider the claim of the petitioners for payment of compensation for an area measuring 0.0940 hectare out of 0.2190 hectare of Gata No. 82 revenue village Akramnagar, Garhi, Tehsil Badaun, District Badaun and to decide the representation of the petitioners' dated 28.10.2024 and 25.11.2024 made in this behalf. 3. The case of the petitioners is that total area of Gata No. 82 is 0.2190 hectare and over which they were recorded as Sankramniya Bhumidhar. An area measuring 0.026 hectare was sold by them by sale deed dated 19.08.2017 to P.W.D. and they were duly paid compensation/sale consideration amount. The remaining land/area 0.167 hectare was declared as non-agricultural under Section 80 of U.P. Revenue Code, 2006, vide order dated 21.06.2022. In 2023, out of the remaining land, 0.0940 hectare was acquired under the provisions of National Highways Act, 1956. However, compensation for the said land has been wrongly determined at agricultural rate and further, the amount is not being paid to the petitioners. 4. Learned Additional Chief Standing Counsel has placed on record the written instructions received from the Competent Authority. According to it, award for the subject land was declared on 05.02.2024 and in case the petitioners are aggrieved by the fact that compensation has been determined for the acquired land at agricultural rate, it is open to the petitioners to challenge the award. Further stand is that in respect of acquired land, rival claim is being made by Ram Babu, Pancho Devi and Omwati. Their names are duly recorded in the revenue records alongwith that of the petitioners. They have made statements before the Authorities that they would get the holding partitioned and thereafter apply for release of compensation. The Competent Authority has therefore, taken the stand that, compensation amount would be released in favour of the affected persons as per decision of the Court. 5. After going through the written instructions, we are of the opinion that there are two aspects. The first is regarding the adequacy of the compensation amount. While the petitioners contends that they should be paid compensation at non-agricultural rate, the stand taken by the State is that the land was vacant and was not being used for non-agricultural purposes and, therefore, compensation was rightly determined by treating the same as agricultural. 6. In our opinion, the said issue requires appreciation of evidence. In case the petitioners are aggrieved by the award whereunder compensation has been determined at agricultural rate, it is open to them to challenge the award in appropriate proceedings as per provisions of the National Highways Act, 1956. 7. In respect of the claim of the petitioners for release of compensation in their favour, we are of the opinion that since name of three other persons is also recorded over the same land, therefore, the dispute between the petitioners and the said three private individuals is a dispute relating to apportionment of compensation. It is open to the petitioners to get the same decided by appropriate civil court or seek reference of the dispute to the civil court as per provisions of Section 3H(4) of National Highways Act, 1956. 8. The petition stands disposed of with aforesaid liberty. 9. Office is directed to upload the written instructions and make it part of the database. (Syed Qamar Hasan Rizvi, J.) (Manoj Kumar Gupta, J.) Order Date :- 17.3.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad