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Neutral Citation No. - 2025:AHC:110584-DB Court No. - 29 Case :- WRIT - C No. - 13808 of 2025 Petitioner :- Smt. Tara Devi Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Prince Kumar Srivastava Counsel for Respondent :- A.S.G.I.,Ashish Kumar,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard Shri Prince Kumar Srivastava, learned counsel for the petitioner; Shri Ashish Kumar, learned counsel for respondent no.1, and Shri Ambrish Shukla, learned Additional C.S.C. for the State respondents.
2. The instant writ petition has been preferred for a direction commanding the respondent authority to decide the representations dated 10.01.2024, 27.02.2025 and 26.03.2025 moved by the petitioner and direct the Authorities to provide proper compensation of the land pertaining to the petitioner, which is acquired by the Railway Authority in the widening railway line to Bahraich to Khalilabad of Chakmadarullah Malrona (Maghar Purab), Tehsil Khalilabad, District Sant Kabir Nagar passing through the village of the petitioner.
3. Shri Ambrish Shukla, learned Additional C.S.C. has placed detailed instructions sent by Additional District Magistrate (L/A), Sant Kabir Nagar, dated 08.07.2025, which are taken on record. On the strength of the averment contained in the instructions, he submits that the land had been acquired for a public purpose through a land acquisition proceeding, which is drawn under the Railways Act 1989. He submits that there are certain claimants in
the disputed holding i.e. Gata No.422 (admeasuring 0.165 hectare). He further submits that even for higher compensation, the petitioner also having efficacious remedy to approach the Arbitrator under Section 20(Cha)6 of the Railways Act 1989.
4. It is not in dispute that the Gata no.422 is being acquired by the Railways under the Railways Act 1989. Considering the facts and circumstances, in case the petitioner is aggrieved that he is entitled to higher compensation, he can always approach the Arbitrator under Section 20(Cha)6 of the Railways Act 1989. In case the petitioner availed the said forum, we hope and trust that the Competent Authority would consider and decide his claim in accordance with law.
5. The writ petition is disposed of. Order Date :- 10.7.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad