Neutral Citation No. - 2025:AHC:78692-DB Court No. - 21 Case :- WRIT - C No. - 15144 of 2025 Petitioner :- Om Prakash Sahu Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Sheetla Sahai Srivastava Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The present writ petition has been filed praying for a writ of mandamus directing respondent no. 4 to pay compensation to the petitioner in respect of 53.25 sq. meters of land at non-agricultural rate, treating it to be abadi land. 2. The case of the petitioner is that the aforesaid land was acquired by the respondents under the provisions of the National Highways Act, 1956. Admittedly, an award in respect of the said land was declared on 28.10.2020 wherein compensation for the said area has been determined at agricultural rate. The case of the petitioner is that the petitioner is entitled to payment of compensation at non- agricultural rate inasmuch as by an order dated 19.3.2014, the aforesaid land was declared as land not being used for agricultural purposes under Section 143 of U.P. Zamindari Abolition and Land Reforms Act, 1950. 3. Sri S.K. Singh, Advocate, appearing on behalf of respondent- NHAI, submits that the petitioner, if aggrieved by the quantum of compensation awarded, shall have to challenge the same in the manner provided under the National Highways Act, 1956. He submits that in view of availability of efficacious alternative remedy under the Act, the issue which requires a factual enquiry, should not be decided in writ jurisdiction. 4. We find considerable force in the submission of learned counsel for the respondent-NHAI. 5. As the dispute is regarding quantum of compensation payable to the petitioner, we leave it open to the petitioner to challenge the award under Section 3G(5) of National Highways Act, 1956, if so advised. 6. With the aforesaid liberty, the petition stands disposed of. 7. The order has been passed in the presence of Sri Vaibhav Tripathi, learned counsel appearing on behalf of Union of India. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 14.5.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad