Neutral Citation No. - 2025:AHC:78171-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.58) Court No. - 21 Case :- WRIT - C No. - 8933 of 2025 Petitioner :- Deepak Modi And 14 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashish Kumar Mishra,Saurabh Basu Counsel for Respondent :- C.S.C.,Narendra Pratap Singh,Vibhu Rai Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Ashish Kumar Mishra, counsel for the petitioners and Sri Narendra Pratap Singh, counsel for respondent no.4. 2. The instant petition has been filed under Article 226 of the Constitution for restraining the respondent-Authorities from compelling the petitioners to transfer their shares in Houses Nos. 59 & 59A situated in Mohalla Urdu Bazar, House No. 55 situated in Mohalla Urdu Bazar, House No. 625-A situated in Mohalla Turkmanpur, House No. 61 situated in Mohalla Urdu Bazar, House No. 52 situated in Mohalla Urdu Bazar, House No. 61A situated in Mohalla Urdu Bazar, House No. 62 situated in Mohalla Urdu Bazar, House No. 99 situated in Mohalla Shahmaruf, House No. 625B situated in Mohalla Turkmanpur, House No. 116 situated in Mohalla Askarganj, House No. 46 situated in Mohalla Urdu Bazar, House No. 56 situated in Mohalla Urdu Bazar, House No. 64 situated in Mohalla Urdu Bazar, House No. 215 situated in Mohalla Rajganj South, House No. 206A, situated in Mohalla Raigang, Gorakhpur City for 'Heritage Corridor Project' without proper acquisition and payment of compensation as per provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. The case of the petitioners is that they are owners of the aforesaid houses and they are duly paying municipal taxes to Nagar Nigam, Gorakhpur. The basis on which the petitioners claim title over the aforesaid houses has been disclosed in paragraph nos. 5 to 19 of the writ petition. It is submitted that the respondent- Authorities are compelling the petitioners to execute sale deeds in their favour for 'Heritage Corridor Project' without acquisition and payment of compensation. 4. Learned Standing Counsel has placed on record the written instructions received from Executive Engineer, Constructions Division-II, PWD, Gorakhpur. The stand taken in paragraph no.4 of the written instructions is that, although, the petitioners claim title on basis of various sale deeds but the sale deeds only mention house numbers and no arazi numbers and, therefore, the respondents are finding it difficult to obtain sale deeds from the petitioners. At the same time, it is admitted that the land is required for the 'Heritage Corridor Project'. It is also stated in the written instructions that name of the petitioners are not recorded in the revenue records. 5. Learned counsel for the petitioners in rebuttal submits that the name of petitioners are duly recorded in Khewat No. 5 and also in the Khatauni. 6. Having regard to the facts and submissions made, we are of the opinion that the respondents cannot take possession of the subject land without obtaining title through mutual negotiation or if the same does not materialise, by acquisition as per provisions of law. 7. The writ petition is accordingly disposed of by providing that the respondents would proceed strictly in accordance with law and in case, subject land is required by the respondent - Authority, they would either acquire title over it through mutual negotiations or through any other mode recognized under law. Order Date :- 13.5.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad