HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 19524 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Shri Bhagwan Dutt Pandey, learned counsel for the petitioner, Shri Gopal Saxena, learned Standing Counsel for the State-respondents and Shri R.K. Jaiswal, learned counsel for the respondent - Union of India. 2. The instant writ petition has been filed praying inter alia for the following relief: "(i) Issue a writ, order or direction in the nature of mandamus directing the respondents not to occupy the land of the petitioner being gata по.454M area 0.036 hectare and gata no. 453 area 0.020 hectare situated in Village-Rampur Bujurg, Tappa-Sohanpur, Pargana-Salempur Majhauli, Tehsil-Bhatpar Rani, District-Deoria, without following the acquisition proceeding, for widening the Salempur-Mairwa road being NH-727A from kilometer 67.280 to kilometer 88.670 and also direct the respondents not to demolish the building of the petitioner situated over the land being gata no. 453 & 454 mentioned above. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay adequate compensation in lieu Versus Counsel for Petitioner(s) : Bhagwan Dutt Pandey, Satyendra Kumar Singh Counsel for Respondent(s) : A.S.G.I., C.S.C., Rajesh Kumar Jaiswal, Vaibhav Tripathi Surya Prakash Mishra .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) of the land of the petitioner being gata no. 454M and gata no. 453 area 45 feet X 13 feet total 585 sq. feet situated in Village- Rampur Bujurg, Tappa-Sohanpur, Pargana-Salempur Majhauli, Tehsil-Bhatpar Rani, District-Deoria, if the said land requires for widening the being NH-727A from Salempur- Mairwa road kilometer 67.280 to kilometer 88.670. (iii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to consider and decide the claim of petitioner contained in representation dated 21.05.2025 (Annexure no. 3) to this writ petition." 3. Learned counsel for the petitioner submits that while laying the aforesaid road, the respondents are adamant to demolish the petitioner’s existing structure over Gata Nos. 454M and 453, situated in Village Rampur Bujurg, Tappa Sohanpur, Pargana Salempur Majhauli, Tehsil Bhatpar Rani, District Deoria. It is submitted that though in their counter affidavit, the respondents have stated that the petitioner’s land does not form part of the acquired area, yet, on the spot, they have utilized a portion of the petitioner’s holding for road construction. 4. Learned counsel for the respondents has opposed the writ petition and submits that the petitioner has not ensured proper demarcation of his holding. It is contended that the respondents are constructing NH-727A from kilometer 67.280 to kilometer 88.670 (Salempur–Mairwa Road) only over the duly acquired and notified land, and at no point of time the petitioner’s holding has been encroached upon. It is further submitted that the State Government, vide Government Order dated 12.05.2016, has issued detailed guidelines providing that in case any tenure-holder claims ownership or compensation for any portion of land, such claim, supported by requisite documents, shall be considered by the District Level Committee, which will ensure payment of compensation in accordance with the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Accordingly, it is urged that the petitioner be relegated to avail the aforesaid remedy before the District Level Committee. 5. Considering the facts and circumstances of the case and the relief prayed WRIC No. 19524 of 2025 2 in the instant matter, we dispose of the instant petition with liberty to the petitioner to make fresh representation along with true attested copy of the instant order before District Level Committee constituted under the Government Order dated 12.05.2016 within two weeks. In the event, such representation is made, the District Level Committee shall consider the claim of the petitioner and ensure that the proceeding shall be finalised expeditiously, preferably within twelve weeks, thereafter. October 14, 2025 NLY WRIC No. 19524 of 2025 3 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad