HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8413 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Varun Pandey, learned counsel appearing for the respondents no.1. 2. This writ petition has been filed with the following main prayers:- "(i) issue an appropriate writ, order or direction holding the action of the respondetns competent in treating the property of the petitioner as agricultural as opposed to the revenue records, for the purpose of awarding compensation only against acquisition of 0.0324 h. out of 0.0890 h. of the petitioner's land of Khasra No. 954 situate Village- Fatehpur Khas, Fatehpur, Barabanki through the Notification No. Ka. Aa. 4811(a) for construction of Toll Plaza in Barabanki on NH 727 H, even when the entire land is rendered useless alongwith the existing construction and development, illegal arbitrary and unconstitutional; (ii) issue a writ, order or direction in the nature of Mandamus or likewise thereby commanding the opposite parties competent to consider and award appropriate compensation considering the nature of the property of the petitioner, that is, 0.0324 h. out of 0.0890 h. of the petitioner's land of Khasra No. 954 situate Village-Fatehpur Khas, Fatehpur, Barabanki through the Notification No. Ka. Aa. 4811(a) for construction of Toll Versus Counsel for Petitioner(s) : Himanshu Raghave, Amrit Kumar Tiwari Counsel for Respondent(s) : A.S.G.I., C.S.C., Sarvesh Kumar Dubey Smt. Meera Devi Gupta .....Petitioner(s) Union Of India Thru. Secy. Ministry Of Road Transport And Highways New Delhi And 3 Others .....Respondent(s) Plaza in Barabanki on NH 727 H, as non-agricultural/commercial as apparent from the revenue records, its use and the development/construction and site inspection;" 3. It is the case of the petitioner that the respondent no.4 is proposing to construct a toll plaza over the land belonging to the petitioner which she purchased through a registered sale deed on 03.10.2012. The total land of Gata No.954 is 0.0890 hectare out of which only 0.0324 hectare has been proposed to acquire. Such proposal was finalized and Section 3D notification was issued on 05.11.2024. The petitioner became entitled to get compensation against her acquisition of land. However, the respondents have declared an award treating the land of the petitioner as agricultural giving her only a partly compensation whereas she is entitled to compensation at the rate determined for non-agricultural land. The respondents are taking only part of the land of petitioner rendering the rest of the land of no use. She would not be able to raise any construction. 4. Learned Standing Counsel for the State Respondents, on the basis of instructions from the Competent Authority, the Special Land Acquisition Officer, Barabanki has stated that award has already been declare on 05.02.2025. 5. In case the petitioner has any grievance against inadequate compensation, she may move an application under Section 3G(5) of the Act. 6. The written instructions are kept on record. 7. Accordingly, the writ petition stands disposed of. September 3, 2025 Darpan Sharma WRIC No. 8413 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench