Neutral Citation No. - 2025:AHC:37586-DB Court No. - 21 Case :- WRIT - C No. - 4514 of 2025 Petitioner :- Irashad Ahmad And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.K. Maurya I Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. The prayer made in the instant petition is for issuing direction to respondents no. 3 and 4 to pay compensation to the petitioners for the land and construction existing over it in terms of Government Order dated 19.03.2015 or in the alternative refer the matter under Section 64/76 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the Land Acquisition Rehabilitation and Re-settlement Authority. 2. The case of the petitioners is that the State-respondents are proposing to widen the existing public road and in the process some part of the land of the petitioners alongwith construction is getting affected. However, the respondents are only proposing to pay compensation for the superstructure and have not given any offer for the land, which is also getting affected. 3. Learned Additional Chief Standing Counsel has placed on record the written instructions received from Executive Engineer Provincial Division, PWD, Varanasi, dated 11.03.2025. It is admitted therein that some part of the building of the petitioners is getting affected by the proposed widening of the road. It is stated that the respondents have offered compensation for the affected part of the building to the petitioners but they have not accepted the same. 4. According to the written instructions, the project was approved on 23.12.2021. It seems that the respondents have not acquired the land which would be affected by the proposed widening of the road. Only compensation for the superstructure is being offered. 5. In our opinion, in case land is also getting affected and over which the petitioners claim title, the claim has to be examined. 6. As suggested by counsel for the parties, we are of the opinion that interest of justice would be sub-served in case the dispute relating to compensation for the land as well as superstructure standing over it, is referred to the District Level Committee for being decided in terms of Government Order dated 12.05.2016. 7. Accordingly, without expressing any opinion on merits, the writ petition is disposed of with liberty to the petitioners to make fresh representation along with true attested copy of the instant order before respondent no. 2. Respondent no. 2 shall transmit the representation to respondent no. 3 for being decided by District Level Committee in terms of Government Order dated 12.05.2016 within next twelve weeks after due notice and opportunity of hearing to all concerned. (Syed Qamar Hasan Rizvi, J.) (Manoj Kumar Gupta, J.) Order Date :- 17.3.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad