HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9511 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. This petition has been filed with the following prayers :- "(i) a writ, order or direction in the nature of mandamus commanding the respondents not to raise or permit any illegal construction over the petitioner's land Gata No.254/0.246 hectare and land Gata No.255/0.094 hectare situated at Village Kotwa, Tehsil Nawabganj, District Barabanki without acquiring the same under law or without any lawful transfer/ sale deed. (ii) A writ, order or direction in the nature of mandamus commanding the respondents, including Uttar Pradesh Setu Nigam, not to carry out any construction activity on the petitioner's land unless and until the land is lawfully acquired in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and the petitioner is paid full and fair compensation at the prevailing non agricultural market rate. (ii) A writ, order or direction in the nature of certiorari quashing any order, decision, or action taken by the respondents permitting construction on the petitioner's land in violation of Article 300- A of the Constitution of India and without following due process of law. (iii) A writ, order or direction in the nature of certiorari quashing any order, decision or action taken by the respondents permitting construction Versus Counsel for Petitioner(s) : Mohd. Nafeesh Quraishi Counsel for Respondent(s) : C.S.C., Shishir Jain Ramsukul .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Sectt. Lko. And 3 Others .....Respondent(s) on the petitioner's land in violation of Article 300-A of the Constitution of India and without following due process of law. (iv) A writ, order or direction in the nature of prohibition restraining the respondents, their agents, contractors, or any private party from making any further construction or encroachment over the petitioner's aforesaid property. (v) Direct the respondents to restore the peaceful possession of the petitioner over the aforesaid land/ property and remove any unauthorized construction already raised thereon." It is the case of the petitioner that he is recorded tenure holder of gata no.254, 255 situated in village -Kotwa, tehsil Nawabganj, District - Barabanki whereupon the house of the petitioner exists. This house is adjacent to the road as well as railway line near Rafinagar Railway Crossing as is evident from the village map filed as Annexure no.2 to the petition. Bridge over Rafinagar railway crossing is under construction which is in front of the house of the petitioner. After construction over bridge some land is required to construct the road and the petitioner has been pressurized to execute the sale deed in favour of the respondents at the rate of agricultural land whereas the land that will be taken by the respondent is non agricultural as the petitioner's residential house is situated thereon and comprises of sahan of the petitioner. The petitioner is free not to execute any sale deed in favour of the respondents and the respondents can issue necessary notification under the Land Acquisition Act, 2013 for acquisition of such land as is required by them for construction of railway bridge. The respondents shall award compensation on the basis of entries recorded in the revenue records. Shri Shishir Jain, Advocate appears for the Bridge Corporation and says that as per his instructions no construction as on date is being carried out WRIC No. 9511 of 2025 2 on the petitioner's land. Writ petition stands disposed of. September 26, 2025 mks WRIC No. 9511 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench