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2025 DAILYLAW 172290 (ALL)

JAGDAMBA v. UNION OF INDIA AND 3 OTHERS

WRIC/31176/2025 · 2025-10-27

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31176 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard learned counsel for the petitioner, Sri Devesh Vikram, learned Additional Chief Standing Counsel for the State-respondents, Sri Shiv Kumar Pal, learned Deputy Solicitor General for the Union of India- respondent nos.1 and 2. 2. The instant writ petition has been preferred for a direction commanding the respondent no.4/competent authority/Special Land Acquisition Officer (Irrigation), District Mirzapur to modify the compensation rate in pursuance of the award dated 21.01.2025 issued by respondent no.4 as per Serial No.240, B-Code 0237 of Page-50 of Formate-4 of Part-2 of Circle Rate List of year 2023-24 of District Mirzapur. Alternatively, it is also prayed that the direction be issued to decide the representation dated 05.08.2025. 3. At the outset, Sri Shiv Kumar Pal, learned Deputy Solicitor General for Union of India has raised an objection qua the maintainability of the instant writ petition on the ground that admittedly the acquisition proceedings took place under the Railways Act, 1989. Accordingly, the award was made on 21.01.2025. He submits that in case the amount determined by the competent authority under Sub-section (1) of Section 20-F of The Railways Act, 1989 is inadequate, the appropriate remedy is to file an application before the Arbitrator under Section 20 F (6) of the Act, 1989. 4. He submits that once the efficacious alternative remedy is available to Versus Counsel for Petitioner(s) : Arun Kumar Singh Counsel for Respondent(s) : A.S.G.I., C.S.C., Shiv Kumar Pal Jagdamba .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) the petitioner, there is no reason or occasion to bypass the statutory forum. 5. Considering the factual situation and the objection so raised by learned counsel for the Union of India, we are not inclined to entertain the instant writ petition. 6. However, considering the facts and circumstances of the case and in the interest of justice, the instant writ petition stands disposed of with the liberty that in case the petitioner moves any such application before the Arbitrator in accordance with law within a period of two weeks from today, we expect that the Arbitrator shall consider the same in accordance with law. Suffice to indicate that we have not adverted on the merits of the case. October 28, 2025 Priya WRIC No. 31176 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad