Neutral Citation No. - 2025:AHC:79350-DB Court No. - 40 Case :- WRIT - C No. - 14395 of 2025 Petitioner :- Ram Autar Labheriya And Another Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Ashish Agrawal Counsel for Respondent :- A.S.G.I.,C.S.C.,Krishna Agarawal,Pankaj Kumar Shukla Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Sri Ashish Agarwal, learned counsel appearing on behalf of the petitioners and Sri Pankaj Kumar Shukla, learned counsel appearing on behalf respondent nos.3 and 4. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioners have made the following prayers:- "1. Issue a writ, order or direction in the nature of Writ of Certiorari quashing the Order dated 7/3/2025 passed by the Respondent No.4 (Annexure No. 8) by which he has illegal and arbitrary held that the petitioner shall not be paid compensation in accordance with the Notification dated 14/6/2024: "F. No. 3/4/2016 -Trans-Part (4)': 'Guidelines for payment of compensation in regard to Right of Way (RoW) for transmission lines" of the Government of India (Annexure No.5); and 2. Issue a writ, order or direction in the nature of Writ of Certiorari quashing the Notice dated 3.2.2025 which is contrary `to the Notification dated 14/6/2024 of the Government of India; and 3. Issue a writ, order or direction in the nature of Writ of Mandamus commanding the respondents to determine and pay the compensation to the petitioner in accordance with the Notification dated June 14, 2024 of the Government of India along with interest at the rate of 18% from the date of possession till the actual payment is made; and 4. Issue any other writ order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case; and 5. Award cost of the petition to the petitioners as against the Respondents." 3. The case of the petitioners is that the land of the petitioners has been taken over for laying overhead transmission line. The petitioners submit that compensation payable to the petitioners is as per the latest notification bearing number F.No.3/4/2016-Trans- Part(4) dated June 14, 2024 issued by Government of India, Ministry of Power. 4. It is to be noted that on February 3, 2023, a notice was issued for taking over possession of the land and the petitioners filed their objection/representation before the Uttar Pradesh Power Transmission Corporation Limited for payment of compensation taking into consideration the notification dated June 14, 2024. The Uttar Pradesh Power Transmission Limited by an order dated March 7, 2025 stated that as per the earlier notification dated September 6, 2018 only 85% compensation would be payable in the present case. 5. In our view, upon a bare perusal of the notification issued by the Central Government dated June 14, 2024, the authority for determination of compensation is the District Magistrate/District Collector/Deputy Commissioner. Furthermore, in Clause 4 it is provided that the compensation for tower base area shall be 200% of the land value. Furthermore, paragraph no.3 of the said notification reads as follows :- "3. The States/UTs may adopt these guidelines in their entirety or issue their own modified guidelines. In the absence of State Government guidelines, these guidelines issued by the Central Government shall apply for determining compensation." 6. Upon reading of the said notification, it is clear that in the event State Government has not framed the guidelines in line with the notification dated June 14, 2024, the guidelines issued by the Central Government shall apply for determining the compensation. 7. In light of the above, the order dated March 7, 2025 issued by the Uttar Pradesh Power Transmission Corporation Limited appears to be inconsequential as they are not the authority as per the notification dated June 14, 2024 for determining the said compensation. 8. Learned counsel appearing on behalf of the respondents/corporation has also consented to the same. 9. In light of the above, the petitioners are directed to file an application for compensation before the District Magistrate concerned and the District Magistrate concerned should grant an opportunity of hearing to the petitioners, and thereafter, pass a reasoned order within a period of sixteen weeks from date in accordance with law taking into consideration the notification dated June 14, 2024. 10. With the above directions, this writ petition is disposed of. Order Date :- 14.5.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad