Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 65630 (ALL)

RAGHVENDRA PANDEY AND 10 OTHERS v. UNION OF INDIA AND 3 OTHERS

WRIC/18903/2025 · 2025-07-21

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:118901-DB Court No. - 29 Case :- WRIT - C No. - 18903 of 2025 Petitioner :- Raghvendra Pandey And 10 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Dharmendra Kumar Tripathi,Jawahir Yadav Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard Mr. D.K. Tripathi, learned counsel for the petitioners, Mr. Pranjal Mehrotra, learned counsel for the respondent No.1-NHAI, Mr. J.N. Maurya, learned Standing Counsel for the State- respondents and perused the material brought on the record. 2. By means of the instant petition, petitioner has prayed for following principal reliefs:- (i) Issue a writ, order or direction in the nature of certiorari, quashing the impugned notification dated 09.12.2024 issued by the respondent No.1 (Annexure No.1 to this writ petition) only with respect to gata No.1225 area 0.0275 hectare and gata No.1226 area 0.466 hectare situated in Village- Amorha, Tappa-Ramgarh, Pargana-Amorha, Tehsil-Harraiya, District-Basti which has wrongly been shown as "Sarkari Abadi". (ii) Issue a writ, order or direction in the nature of mandamus, commanding the respondent authorities to pay the just compensation to the petitioners in respect of gata No.1225 area 0.0275 hectare and gata No.1226 area 0.466 hectare situated in Village-Amorha, Tappa-Ramgarh, Pargana-Amorha, Tehsil-Harraiya, District-Basti, within stipulated period to be specified by this Hon'ble Court. (iii) Issue a writ, order or direction in the nature of m3.andamus, commanding the respondent No.3 and 4 to decide the claim of the petitioners which is pending before them since 15.03.2025, within stipulated period to be specified by this Hon'ble Court." 3. At the very outset, learned counsel for the contesting- respondents has vehemently resisted the relief as has been prayed for by the petitioners with three fold submissions; (i) the National Highway Act, 1956 (hereinafter referred to as the "Act, 1956") is a self- contained Act, wherein, every measures have been provided to ventilate the grievance of the petitioners raised herein, (ii) the adequate compensation has already been fixed by the Prescribed Authority/competent authority in accordance with law and (iii) in case, the petitioners are aggrieved qua the quantum of the compensation accorded in their favour, they have an efficacious alternative remedy under the provisions enshrined in 3G(5) of the Act, 1956 to approach the Arbitrator for redressal of their grievances. 4. 4. Considering the objections so raised by learned counsel for the contesting-respondents, we are of the considered opinion that in case, the petitioners approach before the Arbitrator/District Magistrate concerned within a period of two weeks' from today, we hope and trust, that the same shall be decided strictly in accordance with law ignoring the delay and laches, if any, after affording hearing to all the stake holders. 5. With the aforesaid observations, the instant petition stands disposed of. Order Date :- 22.7.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad