Neutral Citation No. - 2025:AHC-LKO:48025-DB Court No. - 2 Case :- WRIT - C No. - 7701 of 2025 Petitioner :- Sanjeev Kumar Singh And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 6 Others Counsel for Petitioner :- Ram Kumar Singh Counsel for Respondent :- C.S.C., Mohan Singh, Sarvesh Kumar Dubey Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard the learned counsel for the petitioners and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 5 and Shri Mohan Singh, who appears on behalf of the Gaon Sabha, Opposite party no.7 and Shri Vishal Tahlani, Advocate, who has filed his Power on behalf of the Respondent no.6- National Highway Authority of India. 2. This petition has been filed by the petitioners for the following main prayers:- "i) A Writ order or direction in the nature of Mandamus commanding the opposite parties, to not to construct the Drain (Nala) over the petitioners' land Gata No.540/0.2020 hectare situated at Village Bhikhara, Pargana Subeha, Tehsil Haidergarh, District Barabanki, without its acquisition and without payment of adequate compensation as per law. ii) Any other writ, order or direction which the Hon'ble Court may deem appropriate and proper in the circumstances of the case. iii) Allow the instant writ petition with substantial costs, throughout." 3. It has been submitted by the learned counsel for the petitioners that the petitioners are tenure holders of Gata Nos.540, 542, 543, 544 and 546 situated in Village Bhikhara, Pargana Subeha, Tehsil Haidergarh, District Barabanki, alongwith other co-sharers. The petitioners' land is adjacent to Lucknow-Sultanpur National Highway Road No.731. The Gram Pradhan the Opposite party no.7, has proposed a 1.5 Meter wide and 284 Meter long Drain/ Nala from the house of one Deepika Rawat to the Primary School, Bhikhara, on the side of National Highway has already been declared to be used as reserved forest, without permission of the Competent Authority, a Nala has also been constructed within the limits of the reserved forest. The petitioners' land is adjacent to the National Highway and there is no Chak road adjacent to the petitioners' land nor any Nala earmarked on the village map during the consolidation operations. The Gram Panchayat with the help of Tehsil administration is constructing Nala over petitioners' land. On 02.08.2025 the Gram Pradhan along with officials of the Tehsil came to the petitioners' land and started digging it with JCB machine. The petitioners have moved a Representation on 02.08.2025 to the Respondents to stop illegal construction. When nothing was done in the matter he has approached this Court by filing the present writ petition with the aforesaid prayers. 4. The learned Standing Counsel has produced before this Court written instructions sent by SDM, Haidergarh, Barabanki, wherein it has been stated that because of heavy rains land adjacent to the National Highway-731 of Village Bhikhara was covered with water, as a result whereof, the village in question also suffered water logging and there was a risk of contamination and infectious diseases spreading in the village population. A temporary drain has been constructed through JCB machine adjacent to the National Highway-731 which is joined to the existing drainage system provided by the NHAI. The land used for the temporary Drainage/ Nala is adjacent to the National Highway-731 and the temporary Nala has not been constructed over petitioners' land. Earlier there was no problem of water logging in the village but after construction of a petrol pump some two years ago adjacent to the National Highway-731 problem of water logging in Village Bhikhara has arisen. A meeting was held of officials to find out the permanent solution to the problem of water logging and it was likely to occur again in the next Monsoon. The local area people have also written a detailed Representation to the Authorities to find out the permanent solution to water logging. 5. The writ petition is disposed of with a direction to the Respondent nos.2, 3 and 4 to not to use land belonging to the petitioners for construction of drain without due acquisition and to clearly demarcate public land adjacent to the National Highway-731 for the purpose of constructing the drainage to that water logging does not take place in the village Bhikhara. In case, land of the petitioners is needed for construction of Nala / Drainage, it shall be acquired by proper acquisition proceedings / through Sale Deed with mutual consent. Order Date :- 18.8.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench