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2025 DAILYLAW 159697 (ALL)

DHIRENDRA SINGH AND ANOTHER v. THE ARBITRATOR/DISTRICT MAGISTRATE AYODHYA AND 3 OTHERS

WRIC/8185/2025 · 2025-08-26

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8185 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Vakalatnama filed by Shri Vivek Kumar, Advocate on behalf of respondent no. 4 is taken on record. 2. Heard learned counsel for the petitioners, learned Standing Counsel, who appears for the State-respondent nos. 3 and 4, Shri Sarveh Dubey, learned counsel for respondent no.2 and Shri Vivek Kumar, learned counsel for respondent no. 4 and perused the record. 3. This writ petition has been filed by petitioners with following main prayers: "(I). issue a writ, order or direction in the nature of mandamus commanding the opposite parties to not deprive the petitioners from their physical possession over the land of Khasra No.613 situated in revenue village Tikari, Pargana Paschimrath, Tehsil Bikapur, District Ayodhya till the pendency of Arbitration Case No.2765 of 2024 (Dhirendra Singh and another vs. Union of India and others) pending before the Arbitrator/District Magistrate, Ayodhya/Opposite party no.1 ; (ii). issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 1 to decide the Arbitration Case No.2765 of 2024 (Dhirendra Singh and another vs. Union of India and others) pending before the Arbitrator/District Magistrate, Ayodhya/Opposite party no.1 within a stipulated period." 4. It has been submitted by learned counsel for the petitioners that land was proposed to be acquired by the respondents for construction of National Highway No. 227-B (Chaurasi Kosi Parikrama Marg) for which a notification was issued for proposing to acquire Gata No. 613 area 0.1156 hectare. Section 3A notification was issued on 16.08.2022, Section 3D Notification was issued on 28.02.2023. After such Notifications, Section 3G Notification was issued on 06.03.2024 and the award declared. Versus Counsel for Petitioner(s) : Akash Deep, Deep Narayan Tripathi Counsel for Respondent(s) : Sarvesh Kumar Dubey, C.S.C. Dhirendra Singh And Another .....Petitioner(s) The Arbitrator/District Magistrate Ayodhya And 3 Others .....Respondent(s) 5. Petitioners being aggrieved regarding compensation offered to them have filed an Arbitration Application which is pending before the District Magistrate, since 2024. Hence, this writ petition has been filed with the aforesaid prayers. 6. It has been submitted that since actual physical possession has not been taken by the respondents, the land of the petitioners, he had sowed kharif crops which is standing thereon and now during pendency of the arbitration application, the respondents are proposing to remove kharib crops and there is urgency in the matter. 7. Learned Standing Counsel has produced before this Court the copy of instructions sent by Competent Officer/Additional District Magistrate, (Land Acquisition), Ayodhya dated 23.08.2025 wherein it has been stated that after Notification under Section 3D of National Highways Act on 28.02.2023, the land vested in the Central Government and the award was also declared on 06.03.2024. The Petitioners have sown kharif crop without any authority in law. 8. Certain submissions have also been made on the merits of the claim of the petitioners regarding enhanced compensation but we do not wish to notice the same, as the Arbitration Application of the Petitioners is still pending before the competent authority. 9. The writ petition is disposed of with a direction to the competent authority, the Arbitrator/District Magistrate, Ayodhya to consider and decide the application of the petitioners which is still pending before him since 24.08.2024 within a period of three months from the date of production of certified copy of this order. August 26, 2025 Pks WRIC No. 8185 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench